9. I.
   BORROW AND WASTE AREAS

   1. 1.
      When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, any waste areas for surplus materials other than landfills regulated by the Department's, Division of Solid Waste Management shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity.
10. J.
    ACCESS AND HAUL ROADS

    1. 1.
       Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity.
11. K.
    OPERATIONS IN LAKES OR NATURAL WATERCOURSES

    1. 1.
       Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall be planned and executed so as to minimize unnecessary changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. The U.S. Army Corps of Engineers shall be notified by the developer of any planned operation in lakes or natural watercourses for possible issuance of Section 404 or other permits.
12. L.
    RESPONSIBILITY FOR MAINTENANCE

    1. 1.
       During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency.
13. M.
    ADDITIONAL MEASURES

    1. 1.
       Whenever the Jurisdiction determines that significant erosion and sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action.
14. N.
    EXISTING UNCOVERED AREAS

    1. 1.
       Applicability: All uncovered areas existing on the effective date of this Ordinance which resulted from land-disturbing activity, exceed one (1) acre, are subject to continued accelerated erosion, and are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation.
    2. 2.
       Notice of Violation: The Jurisdiction will serve upon the landowner or other person in possession or control of the land a written notice to comply with the Act, this Ordinance, a rule or order adopted or issued pursuant to the Act by the Commission or by the Jurisdiction. The notice to comply shall be sent by registered or certified mail, return receipt requested. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonably attainable time limits for compliance.
    3. 3.
       Requiring Erosion Control Plan: The Jurisdiction reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required.
    4. 4.
       Exemption: This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.
15. O.
    FEES

    1. 1.
       The County, may establish a fee schedule for the review and approval of Plans
    2. 2.
       In establishing the fee schedule, the county shall consider the administrative and personnel costs incurred for reviewing the Plans and for related compliance activities.
16. P.
    SOIL EROSION AND SEDIMENTATION PLAN APPEALS

    1. 1.
       The appeal of a disapproval or approval with modifications of a Plan shall governed by the following provisions:

       1. a.
          Written Appeal: The disapproval or modification of any proposed soil erosion and sedimentation control plan by Guilford County, shall entitle the person submitting the plan to a legislative hearing if such person submits written demand for a hearing within fifteen (15) days after receipt of written notice of disapproval or modifications.
       2. b.
          Timing: A hearing held pursuant to this Section shall be conducted by the Planning Board, within thirty (30) days or at the next scheduled meeting, after the date of the appeal or request for a hearing.
       3. c.
          Recommendation: The Planning Board shall conduct a hearing and shall make a recommendation to the Governing Body, within thirty (30) days after the date of the hearing on any soil erosion and sedimentation control plan.
       4. d.
          Legislative Hearing: The Governing Body will render its final decision on any soil erosion and sedimentation control plan upon which a hearing is requested within fifteen (15) days after receipt of the recommendations from the Planning Board.
       5. e.
          Appeal of Governing Body Denial: If the Governing Body upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the Governing Body's decision to the North Carolina Sedimentation Control Commission as provided in NCGS 113A-61(c) and Title 15 NCAC 4B.0018(b).
    2. 2.
       Direct Appeal to Sedimentation Control Commission: In the event that a soil erosion and sedimentation control plan is disapproved pursuant this Ordinance, the Jurisdiction shall notify the Director of the Division of Land Resources of such disapproval within ten (10) business days. The Jurisdiction shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the Jurisdiction's disapproval of the plan directly to the North Carolina Sedimentation Control Commission.

(File No. 21-08-GCPL-07440, 11/04/2021; File No. 24-08-PLBD-00092, 11/07/2024) 

Effective on: 11/7/2024

5. E.
   OBJECTIVES

   1. 1.
      The objectives of this Section are to:

      1. (a)
         Protect human life, safety, and health.
      2. (b)
         Minimize expenditure of public money for costly flood control projects.
      3. (c)
         Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
      4. (d)
         Minimize prolonged business losses and interruptions.
      5. (e)
         Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas.
      6. (f)
         Minimize damage to private and public property due to flooding.
      7. (g)
         Make flood insurance available to the community through the National Flood Insurance Program.
      8. (h)
         Maintain the natural and beneficial functions of floodplains.
      9. (i)
         Help maintain a stable tax base by providing for the sound use and development of flood prone areas.
      10. (j)
          Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
6. F.
   ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT

   1. 1.
      A floodplain development permit (Subsec. 3, Permits and Procedures), shall be required in conformance with the provisions of this Subsection prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with this Subsection.
7. G.
   COMPLIANCE

   1. 1.
      No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this Subsection and other applicable regulations.
8. H.
   ABROGATION AND GREATER RESTRICTIONS

   1. 1.
      This Subsection is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Subsection and another conflict or overlap, the more stringent restrictions shall prevail.
9. I.
   INTERPRETATION

   1. 1.
      In the interpretation and application of this Subsection, all provisions shall be:

      1. a.
         Considered as the minimum requirements.
      2. b.
         Liberally construed in favor of the governing body.
      3. c.
         Deemed neither to limit nor repeal any other powers granted under State statues.
10. J.
    WARNING AND DISCLAIMER OF LIABILITY

    1. 1.
       The degree of flood protection required by this Subsection is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This Subsection does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This Subsection shall not create liability on the part of Guilford County or by any officer or employee thereof for any flood damages that result from reliance on this Subsection or any administrative decision lawfully made hereunder.
11. K.
    PENALTIES FOR VIOLATION

    1. 1.
       Violation of the provisions of this Subsection or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a Class 1 misdemeanor pursuant to NCGS § 143-215.58. Any person who violates this Subsection or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Guilford County from taking such other lawful action as is necessary to prevent or remedy any violation.
12. L.
    FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS

    1. 1.
       Certification Requirements

       1. a.
          Elevation Certificates

          1. (1)
             An Elevation Certificate (FEMA Form 086-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
          2. (2)
             An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop- work order for the project.
          3. (3)
             A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in this Section. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least 2 additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" × 3". Digital photographs are acceptable.
       2. b.
          Floodproofing Certificates

          1. (1)
             A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy.
          2. (2)
             If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of this ordinance.
       3. c.
          If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
       4. d.
          Certification Exemptions. The following structures, if located within Zones A, AE, AH, AO, A99, are exempt from the elevation/floodproofing certification requirements of this subsection:

          1. (1)
             Recreational Vehicles meeting requirements of this Ordinance;
          2. (2)
             Temporary Structures meeting requirements of this Ordinance; and
          3. (3)
             Accessory Structures that are 150 square feet or less or $3,000 or less and meeting requirements of this Ordinance.
       5. e.
          Determinations for Existing Buildings And Structures.

          1. (1)
             For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

             1. (a)
                Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
             2. (b)
                Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
             3. (c)
                Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
             4. (d)
                Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required.
13. M.
    FLOOD PLAN ADMINISTRATION DUTIES

    See Subsec. 2.8 – Floodplain Administrator for specific duties.

14. N.
    ORDER OF CORRECTIVE ACTION

    If upon a hearing held pursuant to an appeal as prescribed above, the Board of Adjustment shall find that the owner or occupant is in violation of this Ordinance, the Board of Adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.

    1. 1.
       Corrective Procedures.

       1. a)
          Violations to be corrected: When the Floodplain Administrator finds violations of applicable state and local laws; it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
       2. b)
          Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating:

          1. i.
             That the building or property is in violation of the floodplain management regulations;
          2. ii.
             That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
          3. iii.
             That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
    2. 2.
       Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than least one hundred and eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
    3. 3.
       Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
    4. 4.
       Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the discretion of the court.
15. O.
    FLOOD HAZARD VARIANCES

    Authority: The Board of Adjustment, as established by Guilford County, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this Ordinance.

    1. 1.
       Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes.
    2. 2.
       Variances may be issued for:

       1. a)
          The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
       2. b)
          Functionally dependent facilities if determined to meet the definition in this ordinance have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
       3. c)
          Any other type of development provided it meets the requirements of this Section.
    3. 3.
       Granting of Variances:

       1. a)
          The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
       2. b)
          Functionally dependent facilities if determined to meet the definition as stated in Section 2-1.6 of this Ordinance, provided provisions of this ordinance have been satisfied, and such facilities are protected by methods that minimize flood damages.
       3. c)
          Any other type of development, provided it meets the requirements stated in this Section.
    4. 4.
       A written report addressing each of the above factors shall be submitted with the application for a variance.
    5. 5.
       Upon consideration of the factors listed above and the purposes of this Ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.
    6. 6.
       Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to twenty-five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
    7. 7.
       The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.
    8. 8.
       Conditions for Variances:

       1. a)
          Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
       2. b)
          Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
       3. c)
          Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
       4. d)
          Variances shall only be issued prior to development permit approval.
       5. e)
          Variances shall only be issued upon:

          1. i.
             A showing of good and sufficient cause;
          2. ii.
             A determination that failure to grant the variance would result in exceptional hardship; and
          3. iii.
             A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    9. 9.
       A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

       1. a)
          The use serves a critical need in the community.
       2. b)
          No feasible location exists for the use outside the Special Flood Hazard Area.
       3. c)
          The reference level of any structure is elevated or flood proofed to at least the Regulatory Flood Protection Elevation.
       4. d)
          The use complies with all other applicable Federal, State and local laws.
       5. e)
          The County of Guilford has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
16. P.
    PROVISIONS FOR FLOOD HAZARD REDUCTION

    1. 1.
       General Standards:

       In all Special Flood Hazard Areas the following provisions are required:

       1. a.
          All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.
       2. b.
          All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements.
       3. c.
          All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.
       4. d.
          All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches.

          1. (1)
             Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions.
          2. (2)
             Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure.
       5. e.
          All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
       6. f.
          New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters.
       7. g.
          On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
       8. h.
          Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance.
       9. i.
          New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in this Ordinance. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation and certified according to Subsec. 3 – Permits and Procedures of this Ordinance.
       10. j.
           All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
       11. k.
           All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
       12. l.
           All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
       13. m.
           All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
       14. n.
           When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements.
       15. o.
           When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply.
       16. p.
           Fill is prohibited in the SFHA, including construction of buildings on fill.

           1. (1)
              This includes not approving Conditional Letters or Letters of Map Revision - Based on Fill (CLOMR-F or LOMR-F).
           2. (2)
              Exclusions:

              1. (a)
                 Minor filling where needed to protect or restore natural floodplain functions, such as part of a stream channel restoration project. To meet this exclusion, the project must utilize only the minimum amount of fill necessary to ensure that the targeted area is restored to full ecological functionality. The applicant/requester must obtain all required state and local permits, provide documentation demonstrating compliance with the Endangered Species Act, and when required, obtain a CLOMR and LOMR with FEMA’s concurrence on the impacts of the project to flood risk and endangered species.
    2. 2.
       Specific Standards:

       In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in this Ordinance, the following provisions are required:

       1. a.
          Residential Construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Subsec. 12 - Definitions of this Ordinance.
       2. b.
          Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Subsec. 12 - Definitions of this Ordinance. Structures located in A, AE AH, AO, A99 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 watertight 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 this Section.
       3. c.
          A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Subsec. 2 – Permits and Procedures, Section 2.8 along with the operational plan and the inspection and maintenance plan. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Subsec. 3, along with the operational and maintenance plans.
       4. d.
          Manufactured Homes

          1. (1)
             New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the Regulatory Flood Protection Elevation, as defined in Subsec. 12 – Definitions of this Ordinance.
          2. (2)
             Manufactured homes 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. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.
          3. (3)
             All enclosures or skirting below the lowest floor shall meet the requirements of this Section.
          4. (4)
             An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator.
       5. e.
          Elevated Buildings.

          1. (1)
             Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

             1. (a)
                Shall not be designed or used for human habitation, but shall only be used for 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 (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. (b)
                Shall not be temperature-controlled or conditioned;
             3. (c)
                Shall be constructed entirely of flood resistant materials to the Regulatory Flood Protection Elevation: and
             4. (d)
                Shall include, in Zones A, AE, AH, AO, A99 flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria;

                1. (i)
                   A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding.
                2. (ii)
                   The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.
                3. (iii)
                   If a building has more than one (1) enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit.
                4. (iv)
                   The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade.
                5. (v)
                   Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
                6. (vi)
                   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 as outlined above.
             5. (e)
                Fill/Grading

                1. (i)
                   Fill is prohibited in the SFHA. See Section 9.3.P.1.p.
             6. (f)
                Property owners shall be required to execute and record a non-conversion agreement prior to issuance of a building permit declaring that the area below the lowest floor shall not be improved, finished or otherwise converted to habitable space; Guilford County will have the right to inspect the enclosed area. Guilford County will conduct annual inspections. This agreement shall be recorded with the Guilford County Register of Deeds and shall transfer with the property in perpetuity.
             7. (g)
                Release of restrictive covenant. If a property which is bound by a non-conversion agreement is modified to remove enclosed areas below BFE, then the owner may request release of restrictive covenant after staff inspection and submittal of confirming documentation.
       6. f.
          [SECTION RESERVED]
       7. g.
          Additions/Improvements

          1. (1)
             Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

             1. (a)
                Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non- conforming than the existing structure.
             2. (b)
                A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or the common wall is structurally modified more than installing a doorway, both the existing structure and the addition must comply with the standards for new construction.

                1. (i)
                   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.
                2. (ii)
                   Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
             3. (c)
                Not a substantial improvement: The addition and/or improvements only must comply with the standards for new construction.
             4. (d)
                A substantial improvement: both the existing structure and the addition and/or improvements must comply with the standards for new construction.

                1. (i)
                   Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction.
       8. h.
          Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the one-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this Ordinance. Substantial damage also means flood-related damage sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:

          1. (1)
             Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions.
          2. (2)
             Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
       9. i.
          Recreational Vehicles. Recreational vehicles shall either:

          1. (1)
             Be on site for fewer than one hundred and eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
          2. (2)
             Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary Placement shall meet all the requirements for new construction.
       10. j.
           Temporary Non-Residential 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. (1)
              A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;
           2. (2)
              The name, address, and phone number of the individual responsible for the removal of the temporary structure;
           3. (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. (4)
              A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
           5. (5)
              Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved.
       11. k.
           Accessory Structures.

           When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met:

           1. (1)
              Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
           2. (2)
              Accessory structures shall not be temperature-controlled;
           3. (3)
              Accessory structures shall be designed to have low flood damage potential;
           4. (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. (5)
              Accessory structures shall be firmly anchored in accordance with Section 9.3.P.1.a.
           6. (6)
              All service facilities such as electrical shall be installed in accordance with Section 9.3.P.1.a; and
           7. (7)
              Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Regulatory Flood Protection Elevation in conformance with Section 9.3.L.2.d;
           8. (8)
              An accessory structure with a footprint less than one hundred and fifty (150) square feet or that satisfies the criteria outlined above does not require an elevation or that is a minimal investment of Structure $3,000 or less and satisfies the criteria outlined above is not required to meet the elevation or floodproofing standards of Section of this Ordinance.
           9. (9)
              Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 9.3.Q.2,
       12. l.
           Tanks.

           When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria shall be met:

           1. (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. (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. (3)
              Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 9.3.Q this Subsection 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. (4)
              Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

              1. (i)
                 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. (ii)
                 Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
       13. m.
           Other Development

           1. (1)
              Fences in regulated floodways and non-encroachment areas that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 9.3.Q.10 and Table 9.3.6 of this Subsection.
           2. (2)
              Retaining walls, sidewalks and driveways in regulated floodways and NEAs shall meet the limitations of Section 9.3.S of this Subsection.
           3. (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 of Section 9.3.S of this Subsection.
17. Q.
    STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS

    1. 1.
       Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section 9.3, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition Section 9.3.S.(1) and (2), shall apply:

       1. a.
          No encroachments, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five (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.
    2. 2.
       The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on one (1) of the following criteria set in priority order:

       1. a.
          When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or floodproofed in accordance with standards in this Subsection.
       2. b.
          All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference per Section 9.3.P.2 to be utilized in implementing this Subsection.
       3. c.
          When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Section 12 - Definitions.
       4. d.
          When floodway or non-encroachment data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and non- encroachment areas shall also comply with the requirements of Section 9.3.S.
18. R.
    STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS

    1. 1.
       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. a.
          Standards outlined in Section 9.3.P.1; and
       2. b.
          Until a regulatory floodway or non-encroachment area is designated, no encroachments, 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 (1) foot at any point within the community.
19. S.
    FLOODWAYS AND NON-ENCROACHMENT AREAS

    1. 1.
       Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Section 9.3.D.2. The floodways and non- encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Section 9.3.P.1 and shall apply to all development within such areas:

       1. a.
          No encroachments, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated that:

          1. (1)
             The proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of Floodplain Development Permit, or
          2. (2)
             A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.
       2. b.
          If Section 9.3.S.1.a is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this Subsection.
       3. c.
          No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:

          1. (1)
             The anchoring and the elevation standards of Section 9.3.P.2.d(2) and
          2. (2)
             The no encroachment standard of Section 9.3.S.1.a.
       4. d.
          Permitted Uses: The following uses shall be permitted within the floodway zone to the extent that they are otherwise permitted by this Ordinance and provided that they do not employ structures or fill except as specified herein:

          1. (1)
             General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, quarrying, wildlife and related uses.
          2. (2)
             Ground level loading areas, ground level automobile parking areas, rotary aircraft ports and other similar industrial and commercial uses.
          3. (3)
             Tractor-trailer parking, provided that no trailers shall be detached from tractors;
          4. (4)
             Lawns, gardens, play areas, and other similar uses.
          5. (5)
             Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, swimming pools, hiking or horseback riding trails, open space and other similar private and public recreational uses.
          6. (6)
             Streets, bridges, utility lines, storm drainage facilities, sewage or waste treatment facilities, water supply facilities, and other similar public or private utility uses, but only if the proposed activity combined with the allowable encroachment of the floodway fringe and with any previously placed or previously approved encroachment in the complies with the provisions of Section 9.3.S.1.a.
          7. (7)
             Temporary facilities such as displays, circuses, carnivals, or similar transient amusement enterprises.
          8. (8)
             Boat docks, ramps, piers, or similar structures.
          9. (9)
             Grading, as it complies with the provisions of Section 9.3.S.1.a; and
          10. (10)
              Cantilevered portions of structures, provided that foundation and supports are located outside the floodway zone and the underside of the cantilevered portion is at least two (2) feet above Base Flood Elevation.
       5. e.
          Prohibited Uses: Storage or processing of materials that are flammable, corrosive, toxic, or explosive, or which could otherwise be injurious to human, animal or plant life in time of flood is prohibited in the floodway zone.
20. T.
    STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)

    1. 1.
       Located within the Special Flood Hazard Areas established in Section 9.3.D are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Section 9.3 all new construction and substantial improvements shall meet the following requirements:

       1. a.
          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 two (2) feet, above the highest adjacent grade; or at least two (2) feet above the highest adjacent grade if no depth number is specified.
       2. b.
          Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in Section 9.3.L so that the structure, together with attendant utility and sanitary facilities, below that level shall be 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 in accordance with Section 9.3.L.2.c.
       3. c.
          Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
21. U.
    STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH)

    1. 1.
       Located within the Special Flood Hazard Areas established in Section 9.3.D, are areas designated as shallow flooding areas. These areas are subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown in this zone. In addition to Section 9.3, all new construction and substantial improvements shall meet the following requirements:

       1. a.
          Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
22. V.
    LEGAL STATUS PROVISIONS

    1. 1.
       Effect on Rights and Liabilities Under the Existing Flood Damage Prevention Ordinance.

       1. a.
          This Ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted insert adoption date of the community’s initial Flood Damage Prevention Ordinance as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Guilford County enacted on November 19, 1990, as amended, which are not reenacted herein are repealed.
    2. 2.
       Effect Upon Outstanding Floodplain Development Permits.

       1. a.
          Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this Ordinance.
23. W.
    SEVERABILITY

    1. 1.
       If any section, clause, sentence, or phrase in this Subsection is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall into way effect the validity of the remaining portions of this Subsection.

(File No. 21-08-GCPL-07440, 11/04/2021; File No. 21-10-GCPL-09184, 01/20/2022) 

Effective on: 1/20/2022

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

6.  
   1.  
      4. d.
         Stormwater Management Requirements:

         See Section 9.1.F.5.

      5. e.
         Exemptions:

         Development that cumulatively disturbs less than one (1) acre is exempt from the requirements of this Section.

   2. 2.
      Water Supply Watershed - General Watershed Area (GWA)

      1. a.
         GWA District Boundaries:

         The GWA district extends from the outer boundary of the WCA to the outer boundary of the watershed of a designated water supply reservoir or intake.

      2. b.
         Performance Standards:

         The Stormwater Management / Watershed Development Plan for any development covered by this Section shall be prepared and submitted in accordance with the performance standards found in Table 9.1.2 – GWA Performance Standards. The owner, developer, or person submitting the Stormwater Management / Watershed Development Plan shall indicate which performance standards apply to the property.

6.  
   2.  
      3. c.
         Stormwater Management Requirements:

         See Section 9.1.F.5.

7.  
   2.  
      4. d.
         Exemptions:

         Development in the Lake Mackintosh Watershed that cumulatively disturbs less than one (1) acre is exempt from the requirements of this Section.

      5. e.
         GWA - Watershed Classification WS-III:

         1. (1)
            Built-Upon Area Limit: Development shall not exceed fifty (50) percent BUA.
         2. (2)
            Ten/Seventy (10/70) Option for Non-Residential:

            1. (a)
               Ten (10) percent of the local jurisdiction's portion of a WS-III GWA, as delineated on July 1, 1993 may be developed with new non-residential development at up to seventy percent (70%) BUA.
            2. (b)
               Allocation shall be made on a first come-first served basis. When a building permit for the site is issued or the subdivision plat for a development is recorded, an allocation shall be assigned. Expiration of a building permit shall terminate the allocation under this Section.
            3. (c)
               10/70 Provision-Watershed Record Keeping:

               The Enforcement Officer shall keep records on the County's use of the provisions that a maximum of ten percent (10%) of the non-critical area of WS-III watersheds may be developed with new development at a maximum of seventy percent (70%) built-upon surface area. Records for each watershed shall include the total area of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use and Stormwater Management / Watershed Development Plan (if applicable).

         3. (3)
            Prohibited Uses: No new discharging landfills.
      6. f.
         GWA - Watershed Classification WS-IV:

         1. (1)
            Development in all WS-IV watersheds, except the Lower Randleman Lake, shall not exceed seventy percent (70%) maximum built-upon area. Development in the Lower Randleman Lake Watershed shall not exceed fifty percent (50%) maximum built-upon area.
   3. 3.
      Water Supply Watershed - Watershed Critical Area (WCA)

      1. a.
         General:

         The Watershed Critical Area (WCA) is a district covering the portion of the watershed adjacent to a designated existing or proposed water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed.

      2. b.
         District Description:

         1. (1)
            WCA Boundary: The Guilford County Stormwater Map shows the defined WCA boundaries. The WCA boundary shall not be less than one-half (1/2) mile from the normal pool elevation and draining to existing or proposed designated reservoirs.
         2. (2)
            Divisions within the WCA (except the Haw River Watershed which has no Tier divisions). The WCA consists of four tiered divisions as follows:

            1. (a)
               Tier 1

               1. (i)
                  Tier 1 consists of those lands within two hundred (200) feet of the existing or proposed normal pool elevation and those lands within one-half (1/2) mile (High Point Lake, Oak Hollow Lake, Lake Brandt) or one (1) mile (Lake Townsend) upstream of water intake structure(s).
               2. (ii)
                  Tier 1 areas are intended for public purpose and should remain undisturbed.
            2. (b)
               Tier 2

               1. (i)
                  Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line parallel to and seven hundred and fifty (750) feet in distance from the normal pool elevation.
               2. (ii)
                  Tier 2 areas are intended primarily for public purpose with the following exception. Tier 2 areas surrounding Randleman Lake and Lake Mackintosh are not intended for public purpose unless and until more than twenty-five percent (25%) of the WCA for the reservoir becomes urban in character, by meeting any of the tests defined in NCGS 160A-48(c).
            3. (c)
               Tier 3

               1. (i)
                  Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line parallel to and three thousand (3,000) feet from the normal pool elevation.
               2. (ii)
                  Tier 3 areas shall not exceed the WCA boundary.
            4. (d)
               Tier 4

               1. (i)
                  Tier 4 consists of those lands lying in the area between the outer boundary of Tier 3 and the WCA boundary.
      3. c.
         Performance Standards:

         The density and Built-Upon Area (BUA) coverage limits are defined in Table 9.1.3.

7.  
   3.  
      4. d.

         Stormwater Management Requirements

         See Section 9.1.F.5.

8.  
   3.  
      5. e.
         Land Disturbance Minimization:

         1. (1)
            Soil and Erosion Control Plan: See Section 9.2.A (General Requirements) to determine when a Soil and Erosion Control Plan is required.
         2. (2)
            Street Standards: Refer to Article 8 – Subdivisions and Infrastructure Standards for the minimum street standards. To the extent practicable, the construction of new roads in the WCA should be avoided.
      6. f.
         Protection of Fragile Areas:

         1. (1)
            Slopes greater than fifteen (15) percent and wetlands.

            1. (a)
               Slopes greater than fifteen (15) percent lying adjacent and parallel to natural drainageways or streams, and wetlands shall remain in a natural and undisturbed condition except for road crossings, utilities, erosion control devices and runoff control devices.
            2. (b)
               Recordation of these areas as Drainageway and Open Space Easements may be required wherever authorized in this Article or any other provision in local Ordinances.
            3. (c)
               If not included in a Drainageway and Open Space Easement, a Water Quality Conservation Easement shall be recorded over such wetlands and slopes.
            4. (d)
               Where a Water Quality Conservation Easement serves to bring two (2) or more properties into compliance with WCA requirements, it may be required that the wetlands and slopes covered by such easements be held as common area by an owners' association.
         2. (2)
            Drainage.

            1. (a)
               Drainage shall be provided by means of open channels. Piping of drainage to cross roadways is allowed.
            2. (b)
               All open channel drainageways carrying runoff from a 6.01 acre or greater drainage basin shall have protected channels or remain in a natural and undisturbed state, except for road crossings, utilities, erosion control devices and runoff control devices.
            3. (c)
               The undisturbed area width shall be the width as specified in Section 9.1.H (Drainage).
            4. (d)
               Development on the best soils and terrain of any site is encouraged.
            5. (e)
               Clustering of residential development may be required in accordance with Subsec. 8 – Subdivisions and Infrastructure Standards.
      7. g.
         Spill Risk Reduction

         1. (1)
            Prohibited Uses: The following uses shall be prohibited in a WCA district:

8.  
   3.  
      7.  
         2. (2)
            Containment Structures:

            1. (a)
               Storage tanks for fuels and chemicals and associated pumping and are required to have a secondary containment system.
            2. (b)
               Secondary containment systems shall be of sufficient volume to contain one hundred percent (100%) of all the tank(s) contents stored in the area and shall have a leak detection system installed.
            3. (c)
               The containment system shall be approved by the Enforcement Officer and the Fire Marshal.
            4. (d)
               Such tanks and containment structures shall not be placed closer than one thousand (1,000) feet to the normal pool elevation of the existing or proposed reservoir.
         3. (3)
            Underground Storage Tanks: Underground storage tanks for fuels and chemicals shall not be permitted.
         4. (4)
            Point Source Discharges:

            1. (a)
               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. Off-site individual residential septic systems are permitted in Tier 4 only, with a) reduction in overall density to 1 DU/1.25 Acre or b) in a Rural Preservation District (or equivalent clustered) zoning.
            2. (b)
               Industrial pre-treatment facilities which prepare wastewater for discharge into a public sewer system shall be permitted in WCA districts.
   4. 4.
      Stormwater Management / Watershed Development Plan

      1. a.
         Plan Required:

         A Stormwater Management / Watershed Development plan in accordance with the performance standards specified in this Section and with other requirements of this Ordinance shall be submitted to the Enforcement Officer and shall include all applicable information of this Ordinance.

      2. b.
         Plan Approval:

         The Enforcement Officer is authorized to approve any Stormwater Management / Watershed Development Plan which is in conformance with the performance standards specified in this Section.

      3. c.
         Approved Plan Prerequisite:

         The Enforcement Officer is not authorized to issue any permits, except as provided in this Section for development on any land unless and until a Stormwater Management/Watershed Development Plan in compliance with the requirements of this Section has been approved.

      4. d.
         Plats and Deeds:

         1. (1)
            The Enforcement Officer shall review and approve plats and deeds prior to recording or prior to issuing a building permit. A copy of the recorded document shall be forwarded to the Enforcement Officer prior to issuing a certificate of occupancy.
         2. (2)
            Deed Restriction-Restrictive Covenant:

            In accordance with applicable National Pollutant Discharge Elimination System (NPDES) Phase II regulations recorded deed restrictions and protective covenants shall be required to ensure that development activities maintain the development consistent with the approved project plans., The following deed restriction and protective covenants note shall take the following form for plats and deeds:

8.  
   4.  
      5. e.
         Permanent Runoff Control Structures: 

         When a permanent runoff control structure is required for a development to meet the requirements of this Article, a North Carolina registered professional engineer shall prepare the plan with the Engineer's Statement of Runoff Control from 9-2.F.5. affixed, signed, sealed, and dated.

9.  
   4.  
      6. f.
         Appeals:

         Appeals of the Enforcement Officer's decision on a Stormwater Management/Watershed Development plan shall be made in writing to the Planning Board. The Technical Review Committee shall review the appeal at its first regularly scheduled meeting after receipt of the written appeal and make a recommendation to the Planning Board.

   5. 5.
      Stormwater Management Requirements

      1. a.
         Requirements for All Projects subject to the Guilford County Stormwater Management Program

         1. i.
            Be performed by a North Carolina registered professional engineer.
         2. ii.
            Be subject to approval of the Enforcement Officer; and
         3. iii.
            The Enforcement Officer may require, that a given runoff control structure(s) be positioned on a site such that water quality protection is improved.
         4. iv.
            When a permanent engineered stormwater control structure or alternate measure is required for a development to comply with the requirements of this section, a North Carolina registered Professional Engineer shall prepare the plan with the Engineer’s Certification of Runoff Control as set forth in the North Carolina Professional Engineer’s Rules and Laws Guide affixed, signed, sealed, and dated.
         5. v.
            In the event that new development or redevelopment has, in the opinion of the Stormwater Administrator or designee, the potential to cause downstream flooding or erosion, a structural stormwater management system will be required that does not allow stormwater runoff to leave the site in the post-development condition at a peak discharge rate greater than the pre-development peak discharge rate for the 2-year, 10-year, and 25- year, 6-hour storm events.
      2. b.
         Redevelopment Project Requirement

         1. i.
            When an existing SCM is proposed to treat stormwater from a new development project, the applicant shall demonstrate that the existing SCM has the capacity to treat the stormwater generated from the new impervious surface. Also, the existing SCM shall be upgraded to the standards in the latest edition of the NCDEQ MDC Stormwater Design Manual, and the Guilford County Water Quality Protection Manual to the extent practicable.
      3. c.
         Low Density Project Design Requirements

         1. i.
            Low density projects shall be designed with a built-upon area (BUA) percentage below the threshold that pertains to the applicable stormwater program.

            1. 1.
               All Low Density projects shall be designed to meet the requirements of the NCDEQ MDC and the Guilford County Water Quality Protection Manual.
            2. 2.
               Minimum Design Criteria:

               1. a.
                  Dispersed Flow
               2. b.
                  Vegetated Conveyances- stormwater runoff shall be transported from the development by vegetated conveyances to the maximum extent practical.
               3. c.
                  Curb Outlet Systems
               4. d.
                  Vegetated Setbacks
               5. e.
                  Stormwater Outlets
               6. f.
                  Deed Restrictions and Protective Covenants
      4. d.
         High-Density Project Design Requirements

         1. i.
            Project Procedures

            1. 1.
               Watershed Development Plan required.
            2. 2.
               The construction plans for required SCMs shall be approved prior to construction of any portion of the SCM and prior to issuance of any building permit on a site. For subdivisions, construction plans shall be submitted in accordance with Article 8 – Subdivisions and Infrastructure Standards.
            3. 3.
               The construction of all improvements designed for post construction runoff control and shown on an approved Stormwater Management/Watershed Development plan shall be substantially completed and the Engineer’s Statement of Completion signed and sealed by the Engineer of Record prior to any plat recordation or issuance of any building certificate of occupancy (compliance).
            4. 4.
               Final approval of installed post construction SCMs will be required before issuance of the final building certificate of occupancy.
            5. 5.
               All permanent SCMs and associated access/maintenance easement(s) (specific or general, at the owner's option) shall be recorded on a final plat; and an Operation and Maintenance Agreement, as outlined in the latest edition of the NCDEQ MDC Stormwater Design Manual shall be submitted to the Enforcement Officer for review and approval.
            6. 6.
               The permanent runoff control structure(s) shall be substantially completed and have full design volume available prior to any plat recordation for the site. This may require the cleanout and disposal of sediment from the pond.
         2. ii.
            Stormwater Control Measure (SCM) Design Requirements

            1. 1.
               When runoff control is required for development using the high- density option [see Tables 9.1.1, 9.1.2, 9.1.3, and definition in Article 12 (Drainage and Watershed Protection)] the SCM shall meet the following performance standards:

               1. a.
                  Control and treat the runoff from the first one inch of rain.
               2. b.
                  Discharge the storage volume at a rate equal to or less than the pre-development discharge rate for the 1-year, 24-hour storm.
               3. c.
                  All SCM design shall meet the requirements of the NCDEQ Minimum Design Criteria (MDC), NCDEQ Stormwater Design Manual, and the Guilford County Water Quality Protection Manual.
               4. d.
                  Water impounding structures (i.e. dams) shall be designed in accordance with North Carolina Dam Safety Standards, and if required, shall be reviewed and approved by the NC State Dam Safety Engineer.
               5. e.
                  Peak discharge control for the 2-year, 10-year, and 25-year, 6-hour storm events may be required in accordance with Section 9.1.F.5.a.v.
         3. iii.
            SCM Certifications

            1. 1.
               Engineer's Statement of Runoff Control: The engineering certification required on Stormwater Management / Watershed Development Plans and construction plan drawings shall be of the following form:

9.  
   5.  
      4.  
         3.  
            2. 2.
               Engineer's Statement of Completion: The owner or registered design professional in responsible charge acting as the owner's agent shall employ one or more professional engineers to provide inspections during construction. Upon the completion of final inspection, the professional engineer shall provide the engineer's statement of completion. The Record of Construction and the Engineer's Statement required upon completion of permanent SCMs shall be of the following form:

6.  
   5.  
      4.  
         4. iv.
            Maintenance Responsibility

            1. 1.
               An Operation and Maintenance Agreement is required to be signed and recorded before final approval of an SCM.
            2. 2.
               When SCMs serve more than one (1) lot, an owner's association or binding contract for the purpose of maintenance shall be required.
            3. 3.
               Maintenance Responsibility: The property owner or owners' association shall be responsible for maintaining the completed permanent runoff control structure as directed by the governmental office having jurisdiction for watershed protection and, if the property owner or owners' association should be dissolved or cease to exist, then in that event all the owners of record at the time of required maintenance shall be jointly and severally liable for any and all costs attendant thereto.
            4. 4.
               Maintenance Note Required on Final Plat: When a subdivision contains a permanent runoff control structure to which Subsection above is applicable, each final plat in the subdivision shall contain a prominent note with the full text of Subsection (3) above.
            5. 5.
               Maintenance of SCMs shall be performed at such time as the designated sediment storage volume of the structure has been lost to sediment or a part of the system is not functioning as originally designed. All SCMs are subject to annual inspection by a qualified professional. Inspection results are to be recorded by the qualified professional on forms provided by the Guilford County Stormwater Administrator. The Guilford County Stormwater Administrator shall retain the results on file and notify the responsible property owner or owner’s association when additional maintenance and repair is required. All required maintenance and repair shall be performed within ninety (90) days after such notice. In case of failure by the responsible party to perform the required maintenance and repair within the stated period, the Jurisdiction may impose an assessment of a civil penalty up to two hundred dollars ($200.00) per day for each violation.
            6. 6.
               Annual Inspection and Report: The owner or owners’ association responsible for maintenance of any SCM shall retain a qualified professional to perform annual inspections of the SCM(s). The owner or owners’ association shall submit to the Stormwater Administrator an inspection report prepared by the qualified professional for each annual inspection. The qualified professional performing SCM inspections shall be a qualified registered North Carolina professional engineer, surveyor, landscape architect, or individual that has obtained SCM Inspection and Maintenance Certification performing services only in their area of competence. Inspections shall be in accordance with the recorded Operation and Maintenance Agreement and shall contain the following information:

               1. a.
                  The name and address of the owner;
               2. b.
                  The recorded book and page number of the lot of each SCM;
               3. c.
                  A statement that an inspection was made of all SCMs;
               4. d.
                  The date the inspection was made;
               5. e.
                  A statement that all inspected SCMs are performing properly and are within compliance with the terms and conditions of the approved Operation and Maintenance Agreement and original design requirements; or statement of repairs necessary to bring the SCM(s) back into compliance (requires follow-up inspection and report upon completion of repair to demonstrate compliance); and
               6. f.
                  The original signature and seal of the qualified professional that performed the inspection.

               All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as- built certification (Engineer’s Statement of Completion) and each year thereafter on or before the date of the as-built certification.

   6. 6.
      Density Averaging Methodology

      1. a.
         Two (2) non-contiguous lots may be considered as one lot for the purposes of development density and intensity, provided the following requirements are met:

         1. (1)
            The two (2) lots must be within the same water supply watershed, irrespective of jurisdictional boundaries;
         2. (2)
            One lot shall reduce its allowable density or built-upon area, while the other lot shall increase its allowable density or built-upon area by the same amount;
         3. (3)
            If one of the lots is located in the Watershed Critical Area, the critical area lot shall not be developed beyond the applicable density limit of the individual water supply watershed;
         4. (4)
            The overall density for both lots shall meet applicable density requirements of Section 9.1.F, Individual Water Supply Watersheds, and both lots shall meet the stormwater control requirements for the individual water supply watershed.
         5. (5)
            If the development meets applicable low-density requirements, the stormwater runoff shall be transported by vegetated conveyances to the maximum extent practicable;
         6. (6)
            Both lots shall comply with the applicable surface water buffer requirements of Section 9.1.I, Riparian Buffer Protection; and
         7. (7)
            Built-upon areas shall be designed and located such that all of the following are achieved:

            1. (a)
               Minimized stormwater runoff impact to the receiving water;
            2. (b)
               Minimized concentrated stormwater flow;
            3. (c)
               Maximized use of sheet flow through vegetated areas; and
            4. (d)
               Maximized flow length through vegetated areas; and
         8. (8)
            Areas of concentrated density development shall be located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways;
         9. (9)
            The lot or portions of the lots that are not developed shall remain in a vegetated or natural state, be placed in an easement in accordance with subsection (10) below, and be managed through one of the following means:

            1. (a)
               Conveyance to an owners′ association as common elements;
            2. (b)
               Conveyance to a local government as a park, open space or greenway; or
            3. (c)
               Placement under a permanent conservation or farmland preservation easement; and
         10. (10)
             Metes and bounds descriptions of the areas to remain vegetated and limits on use shall be recorded as follows:

             1. (a)
                On a plat;
             2. (b)
                If located within Common Elements, in the property′s declaration of covenants, conditions, and restrictions;
             3. (c)
                If not located within Common Elements, in the individual deeds for each of the lots; and
             4. (d)
                With language making them irrevocable unless amended under the provisions of this Ordinance; and
         11. (11)
             Density averaging for a development will be reviewed as part of the watershed development plan for lot(s) within the County′s watershed jurisdiction. If one of the lots being utilized for density averaging is located outside the County′s jurisdiction, then approval for density averaging may not be granted until all required development approvals are provided by the partnering watershed jurisdiction.

             Additionally, for density averaging across jurisdictions to occur, the following provisions must be present:

             1. (a)
                Density-averaging requirements provided for within the partnering jurisdiction’s land development ordinance;
             2. (b)
                A formalized tracking mechanism shared by the County and the partnering jurisdiction for the transfer of the density allotment; and
             3. (c)
                An agreement between the County and the partnering jurisdiction, as approved in substantial form by Guilford County, to allow density averaging to occur across jurisdictions; and
         12. (12)
             Easements shall be platted over those areas that are not developed and they must 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. (a)
                Utilities and associated erosion control structures may be constructed and maintained;
             2. (b)
                Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health;
             3. (c)
                Mechanical mowing of utility areas is allowed to control growth;
             4. (d)
                The removal of dead trees and logs is permitted, provided the stumps remain;
             5. (e)
                The removal of briars and vines is permitted, provided the underbrush remains in its natural state; and
             6. (f)
                The removal of hazardous trees is permitted, provided the stumps remain.
   7. 7.
      Low Impact Design

      1. a.
         Goals:

         The primary goals of low impact design are to lower the impact of development on receiving waters, to encourage environmentally sensitive development, to help build communities based on environmental stewardship, and to reduce construction and maintenance costs of the stormwater infrastructure. The use of low impact design shall address these goals through the objectives found in subsection (b) below.

      2. b.
         Objectives:

         1. (1)
            Preserve Fragile Areas and Open Space through the following:

            1. (a)
               Avoiding riparian areas, wetlands, steep slopes, high infiltration and hydric soils;
            2. (b)
               Maximizing open space and common area through cluster development where appropriate; and
            3. (c)
               Maintaining open space in a natural condition by reforestation where clearing has occurred.
         2. (2)
            Minimize Land Disturbance and Built-Upon Area

            1. (a)
               Design development to provide the following:

               1. (i)
                  Efficient layout to reduce overall length of streets;
               2. (ii)
                  Shared parking and drives where possible to further reduce built-upon area;
               3. (iii)
                  Multiple stormwater control measures such as bio-retention cells and infiltration areas to minimize impact; and
               4. (iv)
                  Stepping floor elevations to fit terrain and avoid slab-on-grade construction to minimize land disturbance.
         3. (3)
            Protect Water Resources

            1. (a)
               Use site design techniques to replicate pre-existing hydrologic site conditions by placing water quality control devices close to the source. Techniques may include the following:

               1. (i)
                  Designing driveways and parking areas with vegetated swales and/or sheet flow into infiltration areas; and /or
               2. (ii)
                  Using grass swales instead of curb and gutter to increase water filtration.
         4. (4)
            Process

            The low impact design process is established in the North Carolina Stormwater Design Manual and is compatible with the Minimum Design Criteria (MDC).

   8. 8.
      Clustering

      1. a.
         Clustering Encouraged:

         Clustering of residential development is encouraged. Clustering of single-family detached development is allowed under the provisions of Article 8 – Subdivisions and Infrastructure Standards. Multifamily development may be clustered so long as the development complies with the standards of Article 8 - Subdivisions and Infrastructure Standards.

      2. b.
         Performance Requirements:

         Clustering is allowed if the overall density of the project meets the applicable density and stormwater runoff control requirements, the built-upon areas are designed and sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, the remainder of the tract remains in a vegetated or natural state, and the stream buffering requirements found in Section 9.1.I are met.

(File No. 24-05-PLBD-00083, 07/18/2024) 

Effective on: 11/6/2025

Effective on: 1/1/1901

8.  
   5.  
      4. d.
         The easement width shall be centered on the drainage channel, unless the Enforcement Officer approves other easement alignments are approved because of topographic conditions. Cases in which the drainage channel flows into an impoundment, the easement shall extend over and twenty (20) feet beyond the normal water level of the impoundment or meet the minimum width as specified above, whichever is greater. Concentrated drainage from less than a two (2) acre-drainage basin, exiting a public right-of-way, shall be as conveyed into a drainage easement as specified below:

         1. (1)
            Thirty (30) feet wide for the length of channel for concentrated flow exiting public right-of-way into a defined channel;
         2. (2)
            Minimum thirty (30) feet wide by fifty (50) feet in length for concentrated flow exiting public right-of-way onto terrain with no pronounced drainage features;
         3. (3)
            In case of severe topography, additional width may be required to assure reasonable ease of maintenance; and
         4. (4)
            The easement topography may be modified if permitted under other applicable local and state regulations (stream buffer, NC Division of Water Quality 401/U.S. Army Corps of Engineers 404, etc.). In such cases, the approved typical required drainage channel section shall include the necessary channel to accommodate a one hundred (100) year-flood event and be in accordance with the Guilford County Storm Sewer Design Manual. The area outside of the required drainage channel may be filled; but any resulting slope shall be no steeper than two (2) feet horizontal to one (1) foot vertical, unless the slope is protected by masonry paving, rip-rap, or other material which meets the Jurisdiction's specifications. If the channel has been altered such that the design flow cannot be contained within the recorded easement, a corrected easement shall be recorded to show the altered location and width.
   6. 6.
      If it is determined that suitable access to the easement is not otherwise provided, access shall be guaranteed by a suitably located access easement which shall be no less than twenty (20) feet in width.
   7. 7.
      It shall be the responsibility of the owner to maintain all drainageways located on the property. If the Governing Body 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 Jurisdiction may enter the property within the indicated access or drainage maintenance and utility easement and carry out the necessary work without liability for any damage to the property, or improvements thereon, located within the easement.
   8. 8.
      Drainage maintenance and utility easements may be utilized for any underground utility provided that:

      1. a.
         Underground utility lines to be installed by any utility provider other than the Jurisdiction shall be subject to approval by the Enforcement Officer;
      2. b.
         The government agency, public utility, or private company installing underground lines after development has been completed by the owner of the property shall be responsible for the replacement of all fencing, pavement and grassed areas disturbed by such installation;
      3. c.
         The Jurisdiction shall not be responsible for damage caused by the installation of additional lines by any public or private utility company; and
      4. d.
         The Jurisdiction shall not be liable for damages to any improvements located within the drainage maintenance and utility easement area caused by maintenance of utilities located therein.
   9. 9.
      No buildings or structures except for water-related improvements shall be placed or constructed within the access, drainage easements, or drainage maintenance and utility easements. All drives, parking areas, or other improvements, shall be constructed no closer than two (2) feet horizontally from the top of any back slope along any open watercourse.

      1. a.
         Fences may be located within the easement if they allow for adequate flow and must have gates or removable panels within the easement or are raised to allow for adequate drainage. All fences located within the drainage easement must be cleared of debris to ensure they are not blocking or inhibiting the flow of water through the easement. Any fence or structure within the easement that is blocking the flow of drainage, as determined by the Enforcement Officer, shall be in violation of this Ordinance and the fence may be required to be removed from the easement.
      2. b.
         Roads, driveways and utilities are allowable provided that no other practical alternative exists and, where applicable, the drainageway is piped according to this Article.
   10. 10.
       Modifications to Drainage or Drainage Maintenance and Utility Easement:

       1. a.
          This section applies to all recorded drainage as well as drainage maintenance and utility easements. This shall include other recorded drainage easements identified by an assortment of varying names in which one of the principal functions is to convey runoff from stormwater.
       2. b.
          Unless strictly prohibited under other applicable sections, easements may be modified, altered, or relocated with prior approval by the Enforcement Officer based upon review of certification with supporting technical data by a registered design professional. Supporting data shall be in accordance with the Guilford County Storm Sewer Design Manual and must clearly demonstrate that such modifications will not result in any increase in flood levels or create any adverse impacts during the occurrence of the design flow discharge. Approval criteria shall include but not be limited to: system capacity to adequately convey design flow discharge, location of outlet/discharge, resistance to erosive forces, potential to adversely impact neighboring properties, system maintenance requirements, existing utilities, other applicable local, state, and federal regulations.
       3. c.
          Any alteration of a drainage or drainage maintenance and utility easement without prior approval may be deemed a violation and subject to enforcement actions. Nothing in this section shall prohibit the installation of utilities as allowed by other sections.

Effective on: 11/6/2025

9.  
   4. 4.
      Riparian Buffer Protection for Lands within the Jordan Lake Watershed

      1. a.
         Authority:

         1. (1)
            This section is adopted pursuant to the authority vested in Guilford County by the Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239), Session Law 2009-484 (Senate Bill 838), N.C. Gen. Stat §§ 153A-121, 153A-140, Chapter 153A, Article 18, N.C. Gen. Stat §§ 160A-174, 160A-193, Chapter 160A, Article 19, and any special legislation enacted by the General Assembly for Guilford County.
      2. b.
         Purpose and Intent:

         1. (1)
            The purposes of the County in adopting this section is to protect and preserve existing riparian buffers throughout the Jordan Watershed as generally described in Rule 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope), in order to maintain their nutrient removal and stream protection functions. Additionally this Ordinance will help protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan Watershed. The requirements of this Section shall supersede all other locally implemented buffer requirements as outlined in Section 9.1.IN.2. Buffers adjacent to streams provide multiple environmental protection and resource management benefits. Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal. They also help to minimize flood damage in flood prone areas. Well-vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment-bound pollutants such as phosphorous from reaching the streams.
      3. c.
         Jurisdiction:

         1. (1)
            This section shall be applied to all land in the planning jurisdiction of the County that is located within the Jordan Reservoir Watershed. The Jordan Reservoir Watershed includes the Greensboro, Haw River, Lake Mackintosh, Reidsville, and the non-water supply watersheds as designated on the Stormwater Map of Guilford County.
      4. d.
         Applicability:

         1. (1)
            This section applies to all landowners and other persons conducting activities in the area described in this section, with the exception of activities conducted under the authority of the State, the United States, multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The NC Division of Water Quality shall administer the requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing Riparian Buffers, respectively) for these activities.
      5. e.
         Riparian Area Protection within the Jordan Reservoir Watershed:

         1. (1)
            Buffers Protected. The following minimum criteria shall be used for identifying regulated buffers.

            1. (a)
               This Section shall apply to activities conducted within, or outside of with hydrologic impacts in violation of the diffuse flow requirements set out in this Section upon, fifty (50)-foot wide riparian buffers directly adjacent to surface waters in the Jordan Watershed (intermittent streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.
            2. (b)
               Wetlands adjacent to surface waters or within fifty (50) feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
            3. (c)
               For the purpose of this Ordinance, only one (1) of the following types of maps shall be used for purposes of identifying a water body subject to the requirements of this Ordinance:

               1. (i)
                  The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.
               2. (ii)
                  The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).
               3. (iii)
                  A map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission. Prior to approving a map under this Item, the Commission shall provide a thirty (30)-day public notice and opportunity for comment. Alternative maps approved by the Commission shall not be used for buffer delineation on projects that are existing and ongoing within the meaning of this Section.
            4. (d)
               Where the specific origination point of a stream regulated under this Item is in question, upon request of the NC Division of Water Quality or another party, the County shall make an on-site determination. A County representative who has successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall establish that point using the latest version of the Division publication, Identification Methods for the Origins of Intermittent and Perennial Streams, available at: http://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream_ID_Manual.pdf or from the NC Division of Water Quality - 401 Oversight Express Permitting Unit, or its successor. The County may accept the results of a site assessment made by another party who meets these criteria. Any disputes over on-site determinations made according to this Item shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The Director's determination is subject to review as provided in Articles 3 and 4 of NCGS 150B.
            5. (e)
               Riparian buffers protected by this Ordinance shall be measured pursuant to this section.
            6. (f)
               Parties subject to this Ordinance shall abide by all State rules and laws regarding waters of the state including but not limited to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
            7. (g)
               No new clearing, grading, or development shall take place, nor shall any new building permits be issued in violation of this Ordinance.
         2. (2)
            Exemption Based on On-site Determination. When a landowner or other affected party including the Division believes that the maps have inaccurately depicted surface waters, he or she shall consult the County. Upon request, a County representative who has successfully completed the Division of Water Quality's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall make an on-site determination. The County may also accept the results of site assessments made by other parties who have successfully completed such training. Any disputes over on- site determinations shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of NCGS 150B. Surface waters that appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases:

            1. (a)
               Man-made ponds and lakes that are not part of a natural drainage way that is classified in accordance with 15A NCAC 2B .0100, including ponds and lakes created for animal watering, irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream.);
            2. (b)
               Ephemeral streams;
            3. (c)
               The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir, or pond; or
            4. (d)
               Ditches or other man-made water conveyances, other than modified natural streams.
         3. (3)
            Exemption when Existing Uses are Present and Ongoing. This Ordinance shall not apply to uses that are existing and ongoing; however, this Ordinance shall apply at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:

            1. (a)
               It was present within the riparian buffer as of the effective date of this Ordinance and has continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. Only the portion of the riparian buffer occupied by the footprint of the existing use is exempt from this Ordinance. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within (fifty) 50 feet of the surface water where it did not previously exist as of the effective date of this Ordinance, and existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised, the ground is stabilized, and existing diffuse flow is maintained; or
            2. (b)
               Projects or proposed development that are determined by the County to meet at least one (1) of the following criteria:

               1. (i)
                  Project requires a 401 Certification or Permit, and these were issued prior to the effective date this Ordinance;
               2. (ii)
                  Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and had received all required state permits and certifications prior to the effective date of this Ordinance;
               3. (iii)
                  Projects that are 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 have reached agreement with NCDEQ on avoidance and minimization by the effective date of the Ordinance; or
               4. (iv)
                  Projects that are not required to be reviewed by 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 if a Finding of No Significant Impact has been issued for the project and the project has written approval of the County prior to the effective date of this Ordinance.
         4. (4)
            Zones of the Riparian Buffer. The protected riparian buffer shall have two (2) zones as follows:

            1. (a)
               Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in the Table 9.1.6 of this Ordinance. The location of Zone 1 shall be as follows:

               1. (i)
                  For intermittent and perennial streams, Zone 1 shall begin at the top of the bank and extend landward a distance of thirty (30) feet on all sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top of the bank, shown on figure 1; and
               2. (ii)
                  For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin at the normal water level and extend landward a distance of thirty (30) feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.

Figure 1. Shows the various zones for stream buffers.

9.  
   4.  
      5.  
         1.  
            2. (b)
               Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in the Table 9.1.6 of this Ordinance. Grading and revegetating in Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward twenty (20) feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be fifty (50) feet on all sides of the surface water.
10.  
    4.  
       5.  
          5. (5)
             Diffuse Flow Requirements. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows:

             1. (a)
                Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff enters Zone 2 of the riparian buffer;
             2. (b)
                Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies; and
             3. (c)
                As set forth in this section, The Zones of the Riparian Buffer and Table of Uses respectively, no new stormwater conveyances are allowed through the buffers except for those specified in the Table of Uses, of this Ordinance, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances.
             4. (d)
                Potential Uses and Associated Requirements.

                1. (i)
                   Approval for New Development. Guilford County shall issue an approval for new development only if the development application proposes to avoid impacts to riparian buffers defined in this Ordinance, or where the application proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable:

                   1. 1)
                      Determined the activity is exempt from requirements of this Ordinance;
                   2. 2)
                      Received an Authorization Certificate from the County;
                   3. 3)
                      For uses designated as Allowable with Mitigation in the Table of Uses, received approval of mitigation plan pursuant to this Ordinance; and
                   4. 4)
                      Received a variance.
             5. (e)
                Table of Uses. The following chart sets out potential new uses within the buffer, or outside the buffer with impacts on the buffer, and categorizes them as exempt, allowable, or allowable with mitigation. All uses not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may not proceed within the riparian buffer or outside the buffer if the use would impact the buffer, unless a variance is granted pursuant to this Ordinance.

10.  
    4.  
       5.  
          5.  
             6. (f)
                Requirements for Categories of Uses. Uses designated in Section 9.1.H of this Ordinance as exempt, allowable, and allowable with mitigation within a riparian buffer shall have the following requirements:

                1. (i)
                   Exempt. Uses designated as exempt are permissible without authorization by Guilford County provided that they adhere to the limitations of the activity as defined in Section 9.1.N.1.f(2) of this Ordinance, the Table of Uses. In addition, exempt uses 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. (ii)
                   Allowable. Uses designated as allowable may proceed provided that there are no practical alternatives to the requested use pursuant to Section 9.1.N.1.g(1)of this Ordinance. This includes construction, monitoring, and maintenance activities. These uses require written authorization from the County.
                3. (iii)
                   Allowable with Mitigation. Uses designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested use pursuant to Section 9.1.H of this Ordinance and an appropriate mitigation strategy has been approved pursuant to Section 9.1.H. These uses require written authorization from the County.
             7. (g)
                Permits Procedures, Requirements, and Approvals

                1. (i)
                   Determination of No Practical Alternatives / Request for Authorization Certificate.

                   1. a.
                      Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to the County. The applicant shall certify that the project meets all the following criteria for finding "no practical alternatives":

                      1. 1.
                         The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
                      2. 2.
                         The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
                      3. 3.
                         Stormwater Control Measures shall be used if necessary, to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
                2. (ii)
                   The applicant shall also submit at least the following information in support of their assertion of "no practical alternatives":

                   1. a.
                      The name, address and phone number of the applicant.
                   2. b.
                      The nature of the activity to be conducted by the applicant.
                   3. c.
                      The location of the activity, including the jurisdiction.
                   4. d.
                      A map of enough detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land.
                   5. e.
                      An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and
                   6. f.
                      Plans for any Stormwater Control Measures proposed to be used to control the impacts associated with the activity.
                3. (iii)
                   Within sixty (60) days of a submission that addresses Section 9.1.H, the County shall review the entire project and make a finding of fact as to whether the criteria in Section 9.1.H. of this Ordinance have been met. A finding of "no practical alternatives" shall result in issuance of an Authorization Certificate. Failure to act within sixty (60) days shall be construed as a finding of "no practical alternatives" and an Authorization Certificate shall be issued to the applicant unless one of the following occurs:

                   1. a.
                      The applicant agrees, in writing, to a longer period;
                   2. b.
                      The County determines that the applicant has failed to furnish requested information necessary to the County decision;
                   3. c.
                      The final decision is to be made pursuant to a legislative hearing; or
                   4. d.
                      The applicant refuses access to its records or premises for the purpose of gathering information necessary to the County's decision.
                4. (iv)
                   The County may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of this Ordinance.
                5. (v)
                   Any appeals of determinations regarding Authorization Certificates shall be referred to the Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit, or its successor. The Director's decision is subject to review as provided in NCGS 150B Articles 3 and 4.

    11. 11.
        Variances

        1. a.
           Requirements for Variances. Persons who wish to undertake prohibited uses may pursue a variance. The County may grant minor variances in accordance with Article 3 – Permits and Procedures of this ordinance. For major variances, the County shall prepare preliminary findings and submit them to the Division of Water Quality, 401 Oversight Express Permitting Unit, or its successor for approval by the Environmental Management Commission. The variance request procedure shall be as follows:

           1. (1)
              For any variance request, the County shall make a finding of fact as to whether there are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require that the following conditions are met.

              1. (a)
                 If the applicant complies with the provisions of this Ordinance, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property shall not be considered justification for a variance. Moreover, the County shall consider whether the variance is the minimum possible deviation from the terms of this Ordinance that shall make reasonable use of the property possible.
              2. (b)
                 The hardship results from application of this Ordinance to the property rather than from other factors such as deed restrictions or other hardship.
              3. (c)
                 The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with provisions of this Ordinance would not allow reasonable use of the property.
              4. (d)
                 The applicant did not cause the hardship by knowingly or unknowingly violating this Ordinance.
        2. b.
           Minor Variances. A minor variance request pertains to activities that will impact only Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in Section 9.1.N.1.g(1). through Section 9.1.N.1.g(3). by the County pursuant to NCGS 160D. The County may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for appeals to decisions made by the County shall be made in writing to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor. The Director's decision is subject to review as provided in NCGS 150B Articles 3 and 4.
        3. c.
           Major Variances. A major variance request pertains to activities that will impact any portion of Zone 1or any portion of both Zones 1 and 2 of the riparian buffer. If Guilford County has determined that a major variance request meets the requirements in Section 9.1.I.1 then it shall prepare a preliminary finding and submit it to the NC Environmental Management Commission c/o the Division of Water Quality, 401 Oversight Express Permitting Unit, or its successor, for approval. Within ninety (90) days after receipt by Guilford County, the Commission shall review preliminary findings on major variance requests and take one of the following actions: approve, approve with conditions and stipulations, or deny the request. Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court.
    12. 12.
        Mitigation

        1. a.
           This item shall apply to persons who wish to impact a riparian buffer in the Jordan Watershed when one of the following applies:

           1. (1)
              A person has received an Authorization Certificate pursuant to Section 9.1.N.1.g(1) of this Ordinance for a proposed use that is designated as "allowable with mitigation;" or
           2. (2)
              A person has received a variance pursuant to Section 9.1.N.1.g(2) of this Ordinance and is required to perform mitigation as a condition of a variance approval.

              1. (a)
                 Issuance of the Mitigation Approval. Guilford County shall issue a mitigation approval upon determining that a proposal meets the requirements set out in this Ordinance. The approval shall identify at a minimum the option chosen, the required and proposed areas, and either the mitigation location or the offset payment amount as applicable.
              2. (b)
                 Options for Meeting the Mitigation Requirement. The mitigation requirement may be met through one of the following options:

                 1. (1)
                    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) contingent upon acceptance of payments by the NC Ecosystem Enhancement Program, or to a private mitigation bank that complies with banking requirements of the US Army Corps of Engineers, currently set out at http://www.saw.usace.army.mil/WETLANDS/Mitigati on/mitbanks.html or from the US Army Corps of Engineers, 28402-1890, and the applicable trading criteria in Rule 15A NCAC 02B .0273.
                 2. (2)
                    Donation of real property or of an interest in real property pursuant to Section 9.1.P.6. of this Ordinance; or
                 3. (3)
                    Restoration or enhancement of a non-forested riparian buffer pursuant to the requirements of Section 9.1.P.7 of this Ordinance.
        2. b.
           The Area of Mitigation. Guilford County shall determine the required area of mitigation, which shall apply to all mitigation options identified in Section 9.1.P.3. of this Ordinance and as further specified in the requirements for each option set out in this Section, according to the following:

           1. (1)
              The impacts in square feet to each zone of the riparian buffer shall be determined by Guilford County by adding the following:

              1. (a)
                 The area of the footprint of the use causing the impact to the riparian buffer.
              2. (b)
                 The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use; and
              3. (c)
                 The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
        3. c.
           The required area of mitigation shall be determined by applying the following multipliers to the impacts determined in Section 9.1.P.4.a of this Ordinance to each zone of the riparian buffer:

           1. (1)
              Impacts to Zone 1 of the riparian buffer shall be multiplied by three.
           2. (2)
              Impacts to Zone 2 of the riparian buffer shall be multiplied by one and
           3. (3)
              one-half (1-1/2); and
           4. (4)
              Impacts to wetlands within Zones 1 and 2 of the riparian buffer that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC 2H .0506.
        4. d.
           The Location of Mitigation. For any option chosen, the mitigation effort shall be located within the same subwatershed of the Jordan Watershed, as defined in 15A NCAC 02B.0262, and the same distance from the Jordan Reservoir as the proposed impact, or closer to the Reservoir than the impact, and as close to the location of the impact as feasible. Alternatively, the applicant may propose mitigation anywhere within the same subwatershed of the Jordan Watershed, as defined in 15A NCAC 02B.0262, provided that the mitigation proposal accounts for differences in delivery of nutrients to the affected arm of Jordan Reservoir resulting from differences between the locations of the buffer impact and mitigation. Additional location requirements for the property donation option are enumerated in Section 9.1.P.6.c(1) of this Ordinance.
        5. e.
           Donation of Property. Persons who choose to satisfy their mitigation determination by donating real property or an interest in real property shall meet the following requirements:

           1. (1)
              The donation of real property interests may be used to either partially or fully satisfy the payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0269. The value of the property interest shall be determined by an appraisal performed in accordance with Section 9.1.P.6.d(4) of this Ordinance. The donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee calculated pursuant to 15A NCAC 02B .0269, the applicant shall pay the remaining balance due.
           2. (2)
              The donation of conservation easements to satisfy compensatory mitigation requirements shall be accepted only if the conservation easement is granted in perpetuity.
           3. (3)
              Donation of real property interests to satisfy the mitigation determination shall be accepted only if such property meets all of the following requirements:

              1. (a)
                 In addition to the location requirements of this Section, the property shall be located within an area that is identified as a priority for restoration in, or is otherwise consistent with the goals of the Basin-wide Wetlands and Riparian Restoration Plan for the Cape Fear River Basin developed by NC Division of Environmental Quality pursuant to NCGS 143-214.10;
              2. (b)
                 The property shall contain riparian buffers not currently protected by the State's riparian buffer protection program that are in need of restoration as defined in this Section.
              3. (c)
                 The restorable riparian buffer on the property shall have a minimum length of one thousand (1000) linear feet along a surface water and a minimum width of fifty (50) feet as measured horizontally on a line perpendicular to the surface water;
              4. (d)
                 The size of the restorable riparian buffer on the property to be donated shall equal or exceed the area of mitigation responsibility determined pursuant to this Section;
              5. (e)
                 Restoration shall not require removal of man-made structures or infrastructure;
              6. (f)
                 The property shall be suitable to be successfully restored, based on existing hydrology, soils, and vegetation;
              7. (g)
                 The estimated cost of restoring and maintaining the property shall not exceed the value of the property minus site identification and transaction costs;
              8. (h)
                 The property shall not contain any building, structure, object, site, or district that is listed in the National Register of Historic Places established pursuant to Public Law 89-665, 16 U.S.C. 470 as amended;
              9. (i)
                 The property shall not contain any hazardous substance or solid waste;
              10. (j)
                  The property shall not contain structures or materials that present health or safety problems to the general public. If wells, septic, water or sewer connections exist, they shall be filled, remediated or closed at owner's expense in accordance with state and local health and safety regulations;
              11. (k)
                  The property and adjacent properties shall not have prior, current, and known future land use that would inhibit the function of the restoration effort; and
              12. (l)
                  The property shall not have any encumbrances or conditions on the transfer of the property interests.
           4. (4)
              At the expense of the applicant or donor, the following information shall be submitted to the County with any proposal for donations or dedications of interest in real property:

              1. (a)
                 Documentation that the property meets the requirements laid out in Section 9.1.P.6.cf of this Ordinance.
              2. (b)
                 US Geological Survey 1:24,000 (7.5 minute) scale topographic map, County tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated along with information on existing site conditions, vegetation types, presence of existing structures and easements.
              3. (c)
                 A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors in "Standards of Practice for Land Surveying in North Carolina." Copies may be obtained from the North Carolina State Board of Registration for Professional Engineers and Land Surveyors.
              4. (d)
                 A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board in the "Uniform Standards of Professional North Carolina Appraisal Practice." Copies may be obtained from the Appraisal Foundation, Publications Department,; and
              5. (e)
                 A title certificate.
        6. f.
           Riparian Buffer Restoration or Enhancement. Persons who choose to meet their mitigation requirement through riparian buffer restoration or enhancement shall meet the following requirements:

           1. (1)
              The applicant may restore or enhance a non-forested riparian buffer if either of the following applies:

              1. (a)
                 The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to Section 9.1.P.4 of this Ordinance; or
              2. (b)
                 The area of riparian buffer enhancement is three times larger than the required area of mitigation determined pursuant to Section 9.1.P.4. of this Ordinance;
           2. (2)
              The location of the riparian buffer restoration or enhancement shall comply with the requirements in Section 9.1.P.5 of this Ordinance;
           3. (3)
              The riparian buffer restoration or enhancement site shall have a minimum width of fifty (50) feet as measured horizontally on a line perpendicular to the surface water;
           4. (4)
              Enhancement and restoration shall both have the objective of establishing a forested riparian buffer according to the requirements of this Item. Enhancement shall be distinguished from restoration based on existing buffer conditions; Where existing trees are sparse, that is greater than or equal to (one hundred (100) trees per acre but less than two hundred (200) trees per acre, a buffer may be enhanced. Where existing woody vegetation is absent, that is less than one hundred (100) trees per acre, a buffer may be restored;
           5. (5)
              The applicant shall first receive an Authorization Certificate for the proposed use according to the requirements of Section 9.1.N.1.g(1) of this Ordinance. After receiving this determination, the applicant shall submit a restoration or enhancement plan for approval by the Guilford County. The restoration or enhancement plan shall contain the following:

              1. (a)
                 A map of the proposed restoration or enhancement site;
              2. (b)
                 A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native hardwood tree species planted at a density sufficient to provide three hundred and twenty (320) trees per acre at maturity;
              3. (c)
                 A grading plan. The site shall be graded in a manner to ensure diffuse flow through the riparian buffer;
              4. (d)
                 A fertilization plan; and
              5. (e)
                 A schedule for implementation;
           6. (6)
              Within one (1) year after the County has approved the restoration or enhancement plan, the applicant shall present proof to Guilford County that the riparian buffer has been restored or enhanced. If proof is not presented within this timeframe, then the person shall be in violation of both the State's and the County's riparian buffer protection program;
           7. (7)
              The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the property's nutrient removal functions; and
           8. (8)
              The applicant shall submit annual reports for a period of five (5) years after the restoration or enhancement showing that the trees planted have survived and that diffuse flow through the riparian buffer has been maintained. The applicant shall replace trees that do not survive and restore diffuse flow if needed during that five (5)-year period.
        7. g.
           Site Inspections and Enforcement.

           1. (1)
              Site Inspections.

              1. (a)
                 Agents, officials, or other qualified persons authorized by the County may periodically inspect riparian buffers to ensure compliance with this Ordinance.
              2. (b)
                 Notice of the right to inspect shall be included in the letter of approval of each variance and buffer authorization.
              3. (c)
                 Authorized agents, officials or other qualified persons shall have the authority, upon presentation of proper credentials, to enter and inspect at reasonable times any property, public or private, for the purpose of investigating and inspecting the site of any riparian buffer. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Guilford County, while that person is inspecting or attempting to inspect a riparian buffer nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. The County shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance.
              4. (d)
                 Any person engaged in new activities as defined by this Ordinance who fails to meet the requirements of this Ordinance shall be deemed in violation of this Ordinance and subject to enforcement actions under Article 10 - Enforcement.

    5. 5.
       Riparian Buffer Protection for Lands within the Randleman Lake Watershed.

       1. a.
          Authority: This section is adopted pursuant to the authority vested in Guilford County by the Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239), Session Law 2009-484 (Senate Bill 838), N.C. Gen. Stat §§ 160D, and any special legislation enacted by the General Assembly for Guilford County.
       2. b.
          Purpose and Intent: The purposes of the County in adopting this section is to protect and preserve existing riparian buffers throughout the Randleman Lake Watershed as generally described in Rule 15A NCAC 02B .0250 (Randleman Lake Water Supply Watershed: Nutrient Management Strategy), in order to maintain their nutrient removal and stream protection functions. Additionally, this Ordinance will help protect the water supply uses of Randleman Lake Reservoir and of designated water supplies throughout the Randleman Lake Watershed. Buffers adjacent to streams provide multiple environmental protection and resource management benefits. Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal. They also help to minimize flood damage in flood prone areas. Well-vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment-bound pollutants such as phosphorous from reaching the streams.
       3. c.
          Jurisdiction: This section shall be applied to all land in the planning jurisdiction of the County that is located within the Randleman Lake Reservoir Watershed.
       4. d.
          Applicability: This section applies to all landowners and other persons conducting activities in the area described in this section, with the exception of activities conducted under the authority of the State, the United States, multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The NC Division of Water Quality shall administer the requirements of Rule 15A NCAC 02B .0250 and .0252 (Randleman Lake Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing Riparian Buffers, respectively) for these activities.

       6. f.
          Buffers Protected. The following minimum criteria shall be used for identifying regulated buffers:

          1. (1)
             This Section shall apply to activities conducted within, or outside of with hydrologic impacts in violation of the diffuse flow requirements set out in this Section upon, fifty (50)-foot wide riparian buffers directly adjacent to surface waters in the Jordan Watershed (intermittent streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.
          2. (2)
             Wetlands adjacent to surface waters or within fifty (50) feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
          3. (3)
             For the purpose of this Ordinance, only one of the following types of maps shall be used for purposes of identifying a water body subject to the requirements of this Ordinance:

             1. i.
                The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture;
             2. ii.
                The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS);
             3. iii.
                A map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission. Prior to approving a map under this Item, the Commission shall provide a 30-day public notice and opportunity for comment. Alternative maps approved by the Commission shall not be used for buffer delineation on projects that are existing and ongoing within the meaning of this Section; or
             4. iv.
                A map developed by Guilford County and approved by the NC Environmental Management Commission per 15A NCAC 02B .0250(4)(c).
          4. (4)
             Where the specific origination point of a stream regulated under this Item is in question, upon request of the NC Division of Water Quality or another party, the County shall make an on-site determination. A County representative who has successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall establish that point using the latest version of the Division publication, Identification Methods for the Origins of Intermittent and Perennial Streams, available at: http://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream_ID_Manual.pdf or from the NC Division of Water Quality - 401 Oversight Express Permitting Unit, or its successor. The County may accept the results of a site assessment made by another party who meets these criteria. Any disputes over on-site determinations made according to this Item shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The Director's determination is subject to review as provided in Articles 3 and 4 of NCGS 150B.
          5. (5)
             Riparian buffers protected by this Ordinance shall be measured pursuant to this section.
          6. (6)
             Parties subject to this Ordinance shall abide by all State rules and laws regarding waters of the state including but not limited to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
       7. g.
          Exemption Based on On-site Determination. When a landowner or other affected party including the Division believes that the maps have inaccurately depicted surface waters, he or she shall consult the County. Upon request, a County representative who has successfully completed the Division of Water Quality's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall make an on-site determination. The County may also accept the results of site assessments made by other parties who have successfully completed such training. Any disputes over on- site determinations shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of NCGS 150B. Surface waters that appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases:

          1. (1)
             Ditches and manmade conveyances, to include manmade stormwater conveyances, other than modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream.
          2. (2)
             Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the most recent versions of the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps, hard-copy soil survey maps, or other EMC approved stream maps where no perennial waterbody, intermittent waterbody, lake, pond or estuary actually exists on the ground.
          3. (3)
             Ephemeral streams.
          4. (4)
             Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100. Ponds are part of the natural drainage way when they are hydrologically connected (i.e. the pond is fed by an intermittent or perennial stream) or when they have a direct discharge point to an intermittent or perennial stream.
       8. h.
          Exemption when Existing Uses are Present and Ongoing. This Ordinance shall not apply to uses that are existing and ongoing; however, this Ordinance shall apply at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:

          1. (1)
             It was present within the riparian buffer as of the effective date of this Ordinance and has continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. Only the portion of the riparian buffer occupied by the footprint of the existing use is exempt from this Ordinance. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within fifty (50) feet of the surface water where it did not previously exist as of the effective date of this Ordinance, and existing diffuse flow is maintained.

             Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is maintained

          2. (2)
             Projects or proposed development that are determined by the County to meet at least one (1) of the following criteria:

             1. i.
                Project requires a 401 Certification/404 Permit and these were issued prior to the effective date this Ordinance, and prior to the effective date of this Ordinance;
             2. ii.
                Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and had received all required state permits and certifications prior to the effective date of this Ordinance;
             3. iii.
                Projects that are 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 have reached agreement with NCDEQ on avoidance and minimization by the effective date of the Ordinance, or
             4. iv.
                Projects that are not required to be reviewed by 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 if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the County prior to the effective date of this Ordinance.
       9. i.
          Zones of the Riparian Buffer. The protected riparian buffer shall have two (2) zones as follows:

          1. (1)
             Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in the Table 9.1.7 of this Ordinance. The location of Zone 1 shall be as follows.

             1. i.
                For intermittent and perennial streams, Zone 1 shall begin at the top of the bank and extend landward a distance of thirty (30) feet on all sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top of the bank, shown on Figure 1.
             2. ii.
                For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin at the normal water level and extend landward a distance of thirty (30) feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.