Editor's note— Ord. No. 7266/17-08, § 27, adopted Jan. 17, 2017, renumbered the former subsections 6.2.3 B.—D. as §§ 6.2.4—6.2.6 and the former §§ 6.2.4—6.2.14 of § 6.2 as §§ 6.2.7—6.2.17 as set out herein.

A.

General The requirements of this section shall apply only to City-owned or controlled land (land leased by the City, or land the City controls through public rights-of-way and easements for public purposes such as streets, the construction and maintenance of public utilities, the provision of pedestrian access across private land, the development and maintenance of greenways and open space, or the protection of water quality).

B.

Rights of City The City and the Urban Forestry Committee (UFC), as an agent of the City, is authorized to plant, prune, maintain and remove any tree, plant, or shrub on City-owned or controlled land if it is determined necessary to ensure the public health and safety, to preserve and enhance the symmetry and beauty of public land, or to protect public improvements and utilities.

A.

Removal or Damage to Tree Without Prior Authorization

1.

General It is a violation of this Ordinance for a person to take any of the following actions to a tree on City-owned or controlled land without prior authorization from the UFC:

(a)

Remove, prune, or plant a tree;

(b)

Attach a rope, wire, nail, or sign to a tree;

(c)

Apply a liquid or solid substance to a tree that is harmful and could damage or destroy the tree; or

(d)

Deposit, place, store or maintain a stone, brick, sand, concrete or other impervious materials which may impede the free passage of water, air, or fertilizer to the roots of a tree.

2.

Tree Topping

(a)

It is a violation of this Ordinance for any person or City department (including a utility), to top a tree on City-owned or controlled land without a Public Tree Certificate in accordance with Section 2.5.12, Public Tree Certificate. For the purposes of this section, topping is defined as the severe pruning of tree limbs larger than 3 inches in diameter within the tree's crown to such a degree it removes the normal canopy of or disfigures the tree.

(b)

The topping of trees shall be approved only in cases where the tree is severely damaged by storm or other natural cause or where the UFC determines other pruning practices impractical (such as the pruning of trees directly under overhead utility lines).

B.

Removal of Damaged or Infested Trees The UFC may cause to be removed a tree or part of a tree that is in an unsafe condition, significantly damaged due to severe weather or other natural conditions, or is infested with disease, injurious fungus, insects, or other pests.

C.

Protection During Construction A tree on City-owned or controlled land shall be protected during any construction or excavation consistent with the City'sGuidelines and Standard Practices for Trees.

A.

Public Tree Certificate Required Unless exempted in accordance with subsection (B) below, a person or City department seeking to plant, prune, or remove trees on City owned or controlled land shall receive approval of a public tree certificate in accordance with Section 2.5.12, Public Tree Certificate. In reviewing the application the UFC shall ensure that the intended activities meet the expectations of the urban forestry program and are consistent with the City's adopted Guidelines and Standard Practices for Trees.

B.

Exemptions The following development is exempt from the requirement to receive a public tree certificate, as long as the tree pruning and removal is consistent with the City's Guidelines and Standard Practices for Trees.

1.

Public and private utilities (water, sewer, electrical, gas, telecommunications, cable, etc.) in public rights-of-way, or in dedicated utility easements on land owned or controlled by the City.

2.

City departments that prune trees to maintain traffic visibility, pedestrian activity, and other similar public safety matters.

3.

Trimming or removal when a tree represents an immediate safety hazard to structures, people, or automobiles traveling along a road.

4.

Removal of nuisance or diseased trees likely to spread disease or pests to neighboring trees

5.

Emergency tree removal resulting from severe weather, fire, or other emergency conditions where removal of such tree(s) is necessary to protect the health and safety of the public, restore order, or remove obstructions blocking access to streets or land.

6.

Exemptions specified in the City's Guidelines and Standard Practices for Trees, and exemptions that are deemed by the UFC to be necessary and practical for ensuring the public health, safety, and general welfare.

(Ord. No. 7266/17-08, § 26, 1-17-2017)

To implement the requirements of this section, the UFC shall develop, adopt and maintain guidelines and specifications for tree plantings, and standards and practices for tree conservation and maintenance. The guidelines and standards shall, at a minimum, include provisions concerning certificates, plantings, spacing, care, maintenance, and removal. All tree planting, pruning and removal on City-owned or controlled land shall be consistent with the City's standards.

These watershed protection standards are established in accordance with the requirements in the North Carolina General Statutes Sections 143-214.5 and 143-214.7 related to water supply watershed and surface water protection. They are intended to regulate residential density and impervious surface cover in water supply watershed areas, to control non-point source water pollution, and protect water quality.

(Ord. No. 7679/20-95, § 4.A, 12-9-2020)

A.

Authority The City Council is authorized to adopt these provisions in accordance with North Carolina General Statutes Sections 143-214.5 and 143-214.7, Section 160-A-314, the rules promulgated by the North Carolina Environmental Management Commission, and all other relevant laws of the State of North Carolina.

B.

Location

1.

The standards in this section apply to all land within the City of High Point's zoning jurisdiction, including both water supply watersheds and non-water supply watersheds.

2.

National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations also apply jurisdiction-wide and are overlaid by districts that regulate development in water supply watersheds, including the separate General Watershed Areas (GWA) and Watershed Critical Areas (WCA) of Oak Hollow Lake, City Lake, Oakdale Reservoir, Randleman Lake, and the Uwharrie (Lake Reese) and Lake Thom-A-Lex watersheds.

C.

Activities Covered

1.

Except for the activities in Section 6.2.3, Exemptions, the standards in this section apply to all land disturbance, paving, gravel placement, and construction of buildings or other structures in the City's planning jurisdiction.

2.

All activities subject to these provisions shall comply with the procedural, design, and construction requirements of this section.

(Ord. No. 7679/20-95, § 4.A, 12-9-2020)

The following activities are exempt from the requirements of this section; however, this exemption shall not be construed to permit uses prohibited in the underlying zoning district, or uses prohibited by this section.

A.

Development on a lot of record less than 20,000 square feet in area existing on July 1, 1993 in all water supply watersheds except in the Randleman Lake Watershed.

B.

Development on a lot of record less than 20,000 square feet in area existing on January 1, 2000 in the Randleman Lake Watershed.

C.

Development on a lot of record less than 40,000 square feet in area existing on January 1, 2000 in the Downtown Area, which is shown on the High Point Watershed Map.

D.

Development of 1 single-family detached dwelling and its accessory structure(s) on:

1.

A lot located outside (WCA) Tier 1 within the Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds; or

2.

A lot located outside (WCA) Tiers 1 and 2 within the Randleman Lake Watershed.

E.

Development of a duplex dwelling and its accessory structure(s) on a lot in the Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds provided a sedimentation and erosion control plan is not required and it is located outside (WCA) Tiers 1 and 2.

F.

Development on a lot in a non-water supply watershed that disturbs less than an acre.

G.

Replacement of an existing built-upon area on a lot developed with a like or lesser amount of new built-upon area at the same location, or at a different location on the same lot if the TRC determines that equal or improved water quality will result.

H.

Development with a vested right, in accordance with Section 1.10, Vested Rights, on July 1, 1993 in all water supply watersheds except Randleman Lake Watershed where the effective date is January 1, 2000.

I.

Development with a vested right, in accordance with Section 1.10, Vested Rights, as of July 1, 2007 in all non-water supply watersheds.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7287/17-29, § 12, 4-3-2017)

The development of a small accessory building, structure, or small amount of other built-upon area on a lot is exempt from the plan submission requirements of this section, provided:

A.

The development is nonresidential or multi-family;

B.

The total built-upon area is no greater than 600 square feet;

C.

Less than 1 acre of land is disturbed;

D.

The built-upon area or land disturbance is not within a required surface water buffer;

E.

The exemption is not proposed on a lot subject to a watershed development plan on file with the Planning and Development Department; and

F.

The exemption is applied to a lot no more than once after July 1, 1993, in all watersheds except Randleman Lake Watershed, or after January 1, 2000 in the Randleman Lake Watershed.

(Ord. No. 7266/17-08, § 27, 1-17-2017)

Any restrictions upon building location, drainageways, pavement, or other built-upon area, the percentage and location of built-upon area, or any other matter appearing on any previously approved watershed development plan covering the subject land shall be complied with unless and until replaced by an approved revised watershed development plan meeting the requirements of this section.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.A, 12-9-2020)

A.

Transportation The NCDOT shall comply with the practices outlined in its document entitled "Best Management Practices for the Protection of Surface Waters," which is incorporated herein by reference.

B.

Hazardous Materials

1.

The City of High Point Fire Marshal and the Guilford County Local Emergency Planning Committee are the designated management agencies responsible for implementing the provisions of this section pertaining to hazardous materials.

2.

An inventory of all hazardous materials used and stored in the watershed shall be maintained.

3.

A spill/failure containment plan and appropriate safeguards against contamination are required.

4.

Waste minimization and appropriate recycling of materials is encouraged.

5.

Land in the WSO where oil or other hazardous substances are stored shall comply with the following requirements:

(a)

The Superfund Amendments and Reauthorization Act (SARA) Section 302 Extremely Hazardous Substances (42 USC 11000 et seq.); and

(b)

Section 311 of the Clean Water Act (CWA), as amended (33 USC 1251 et seq.).

(Ord. No. 7266/17-08, § 27, 1-17-2017)

The following general steps should be followed to determine the applicability of the watershed protection requirements to a specific parcel of land:

A.

Identify the location of the land on the Watershed Map;

B.

Determine if the land, development, or activity is exempted (see Section 6.2.3, Exemptions);

C.

Identify fragile areas or development limitations (i.e., surface waters, steep slopes, etc.) on the land;

D.

Classify the development as high or low density as established in Table 6.2.9.C1, Minimum Surface Water Buffer Width Requirements;

E.

Based on the development density or built-upon area, determine the method of stormwater control required and surface water buffers; and

F.

Comply with the requirements of the High Point Stormwater Best Management Practices Design Manual.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.A, 12-9-2020)

A.

Incorporation of Watershed Map

1.

This subsection incorporates by reference the High Point Watershed Map, dated July 1, 1993, and any amendments, showing the WSO, Downtown Area, the Randleman Lake Credit Area, the Richland Creek Sub-basin and the Business 85/Riverdale Sub-basin within the City's existing and future jurisdiction (planning jurisdiction) of the following water supply watersheds:

(a)

Oak Hollow Lake, City Lake, Randleman Lake, and Oakdale Reservoir (Jamestown), which are classified as WS-IV Critical Water Supply Watersheds by the North Carolina Environmental Management Commission (EMC);

(b)

Uwharrie (Lake Reese) and Lake-Thom-A-Lex, which are classified as WS-III Water Supply Watersheds by the EMC.

2.

The remaining part of the jurisdiction is the non-water supply watershed that is subject to the National Pollutant Discharge Elimination System Phase II requirements, which apply jurisdiction-wide.

B.

Incorporation of the WSO District on the Official Zoning Map The boundaries of the WSO are adopted on the Official Zoning Map and incorporated herein by reference.

(Ord. No. 7266/17-08, § 27, 1-17-2017)

A.

Land Disturbance Minimization

1.

Sedimentation and Erosion Control Asedimentation and erosion control plan shall be required in accordance with Section 6.3 of this Ordinance.

2.

Development on the Best Soils and Terrain Development on the best soils and terrain of a site is encouraged. Hydric soils and those soils that are highly erodible should be avoided.

3.

Low Impact Design Low Impact Design in accordance with Section 6.2.10, Low Impact Design, is encouraged.

4.

Conservation Subdivision Development The location of development on soils and terrain most suited to protecting water quality is greatly encouraged by conservation subdivision (see Section 5.14.2, Conservation Subdivision).

5.

Density Shifting The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged (see Section 6.2.14 G, Density Shifting).

B.

Floodplain Protection Development in special flood hazard areas shall comply with the requirements of Section 6.4, Flood Damage Prevention.

C.

Surface Water Buffers

1.

Applicability

(a)

This subsection applies to all development and activities with the exception of activities conducted under the authority of North Carolina, the United States, multiple jurisdictions or local units of government, and forest harvesting and agricultural activities, including agricultural ponds.

(b)

The NC Division of Water Resources shall administer the requirements of Rule 15A NCAC 02B .0724 and .0295 (Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers and Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, respectively) for these jurisdictions and activities.

2.

Perennial and Intermittent Surface Water Buffers Required

(a)

A surface water buffer shall be maintained with a minimum width as specified in Table 6.2.9.C1, Minimum Surface Water Buffer Width Requirements, measured landward from the normal water level for lakes and ponds and from the top of bank of each side for perennial and intermittent streams.

(b)

Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the surface water buffer but are regulated pursuant to applicable state and federal laws and rules.

(c)

These surface waters are indicated on any of the following maps or if there is site-specific evidence that indicates the presence of waters not shown on any of these maps:

(1)

The most recent version of either the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps; or

(2)

The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the USDA Natural Resource Conservation Service; or

(3)

A map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission.

(d)

Where the specific origination point of a perennial or an intermittent stream is in question, parties subject to this section shall request the Engineering Services Director to make a determination in accordance with Rule 15A NCAC 2B .0724(4).

3.

Exemption Based on On-site Determination

(a)

When a landowner or other affected party believes that the maps have inaccurately depicted surface waters, the landowner or affected party may submit a stream determination request to the Engineering Services Director.

(b)

Upon request, the Engineering Services Director shall make an on-site determination.

(c)

The Engineering Services Director may also accept the results of a surface water determination made by other qualified parties.

(d)

On-site surface water determinations shall expire 5 years from the date of the determination.

(e)

Any disputes over on-site surface water determinations shall be referred to the Director of the DWR in writing within 60 calendar days of written notification of the determination.

(f)

The decision by the Director of the DWR is subject to review as provided in Articles 3 and 4 of NCGS 150B.

(g)

Surface waters that appear on the maps shall not be subject to these buffer requirements if an on-site surface water determination reveals any of the following cases:

(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)

The absence on the ground of a corresponding perennial water body, intermittent water body, lake, reservoir or pond;

(3)

Ephemeral streams; or

(4)

Manmade ponds and lakes that are not fed by an intermittent or perennial stream nor have a direct discharge point to an intermittent or perennial stream.

4.

Exemptions for Existing Development and Activities Existing development that was present within a surface water buffer on the effective date the surface water buffer requirements were established is allowed to continue and is exempt from the requirements of Section 6.2.9 C, Surface Water Buffers, to the extent specified below:

(a)

The exemption of existing development and uses includes but is not limited to existing agriculture, buildings, facilities, ground mounted equipment, utility lines, on-site sanitary sewage systems, maintained lawns and uses any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity.

(b)

Only the portion of the buffer that contains the footprint of the existing development is exempt.

(c)

Activities necessary to maintain existing development are allowed provided the site remains similarly vegetated, no built-upon area is added within the surface water buffer where it did not previously exist, and the requirements of Section 6.2.9 C.6.(b)(2), Stormwater Runoff Through Zones 1 & 2 of Surface Water Buffers, are met.

(d)

Grading and revegetating of Zones 2 and 3 is allowed for existing development upon review and approval of the TRC provided the health of the vegetation in Zone 1 is not compromised, the ground is stabilized, and the requirements of section 6.2.9 C.6.(b)(2), Stormwater Runoff Through Zones 1 and 2 of Surface Water Buffers, are met.

(e)

In addition, projects or development specified in 15A NCAC 02B .0724(6)(a) may be determined to be exempted in accordance with the requirements of that section.

(f)

The exemption to the buffer requirements shall cease when the existing development or use changes to another permissible or non-exempt use. Any new development or use shall be subject to the surface water requirements.

5.

New Development and Activities N.C. Administrative Code Section 15A NCAC 02B .0724(11) lists potential new development and activities within the buffer and categorizes them as deemed allowable, allowable upon authorization, or allowable with mitigation upon authorization. All development and activities not categorized as deemed allowable, allowable upon authorization, or allowable with mitigation upon authorization are considered allowable with exception and may not proceed within the surface water buffer, or outside the buffer if the development or activity would impact the buffer, unless a watershed variance is granted in accordance with Section 2.4.16, Variance. Watershed development plan approval, as provided for in Section 6.2.9 C.9, Watershed Plan Approval, is required for all new development and activity that is allowable. Such an approved plan shall constitute written authorization for uses that are allowable upon authorization or allowable with mitigation upon authorization and a statement to that effect shall be included on the approved plan. The requirements for each category are as follows:

(a)

Development Deemed Allowable Development and activities designated as deemed allowable are permissible without issuance of an authorization certificate by the TRC provided that they adhere to the limitations of the activity as defined in NC Administrative Code Section 15A NCAC 02B .0724(11). In addition, artificial streambank and shoreline stabilization is allowable in the Uwharrie (Lake Reece) and Lake Thom-A-Lex water supply watersheds, and in any non-water supply watershed. Deemed allowable development and activities shall be designed, constructed, and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring and maintenance activities.

(b)

Development Allowable Upon Authorization Development and activities designated as allowable upon authorization may proceed provided that there are no practical alternatives to the requested development or activity and an authorization certificate is issued in accordance with Section 6.2.9 C.10, Authorization Certificates. This includes construction, monitoring, and maintenance activities. In addition, in the Uwharrie (Lake Reece) and Lake Thom-A-Lex water supply watersheds, and in any non-water supply watershed, publicly-funded linear projects such as roads, greenways, and sidewalks; water dependent structures such as docks; and minimal footprint uses such as poles, signs, utility appurtenances, and security lights are allowed provided there are no practical alternatives for locating them elsewhere, the built-upon area is minimized and channelization of stormwater runoff is avoided.

(c)

Development Allowable with Mitigation Upon Authorization Development and activities designated as allowable with mitigation upon authorization may proceed provided that there are no practical alternatives to the requested development or activity, an authorization certificate is issued in accordance with Section 6.2.9 C.10, Authorization Certificates, and an appropriate mitigation strategy is approved in accordance with Section 6.2.9 C.11, Mitigation.

6.

Surface Water Buffer Zones

(a)

Location Required surface water buffers consist of 2 or 3 zones depending on the density of development and stream classification, as shown in Table 6.2.9.C1, Minimum Surface Water Buffer Width Requirements.

(1)

Zone 1 Zone 1 shall be the first 30 feet landward on all sides from the top of the stream bank or normal water level of other water bodies measured horizontally on a line perpendicular to the surface water.

(2)

Zone 2 Zone 2 shall begin at the outer edge of Zone 1 and extend landward a minimum of 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.

(3)

Zone 3 Zone 3 shall begin at the outer edge of Zone 2 and extend landward 50 feet as measured horizontally on a line perpendicular to the surface water.

(4)

Additional Buffers

(i)

Refer to Section 6.2.9 D, Slope and Buffer Protection, for additional surface water buffers to protect steep slopes bordering streams.

(ii)

Such additional buffers would be added to Zone 2.

(b)

Standards Zones 1 and 2 shall be undisturbed except as allowed in this section. Zone 3 can be disturbed but must remain vegetated in accordance with these standards.

(1)

Development in Zones 1 and 2

(i)

New development or land disturbing activities shall not be allowed in Zones 1 or 2 of the surface water buffer, except as allowed in NC Administrative Code Section 15A NCAC 02B .0724(10).

(ii)

Activities that cross the stream shall be constructed as close to 90 degrees relative to the stream as practicable.

(iii)

Allowed activities shall be designed, constructed and maintained to minimize vegetation and soil disturbance and protect water quality to the maximum extent practical.

(iv)

Grading and revegetating for activities in Zone 2 is allowed providing that the health of the vegetation in Zone 1 is not compromised.

(2)

Stormwater Runoff Through Zones 1 and 2 of Surface Water Buffers Stormwater runoff through Zones 1 and 2 of surface water buffers shall maintain dispersed flow, or if stormwater conveyances, such as roadside and other drainage ditches, are used to carry runoff through Zones 1 and 2 of surface water buffers, they must meet the requirements specified in Table 6.2.9.C.2, Stormwater Runoff Through Zones 1 & 2 of Surface Water Buffers.

(3)

Zone 3

(i)

Zone 3 is required for all high density development.

(ii)

Zone 3 may be disturbed, but it must remain vegetated.

(iii)

New development shall not be allowed in Zone 3 of the surface water buffer, except those developments and activities allowed in Zones 1 and 2 where the TRC issues an authorization certificate.

(iv)

Allowed activities shall be designed, constructed and maintained to minimize vegetation and soil disturbance and protect water quality to the maximum extent practical.

7.

Channelization Channelization of perennial or intermittent streams may be authorized by DWR or the Army Corps of Engineers. However, TRC may authorize access or crossings only in accordance with this Ordinance.

8.

New Lots in the Surface Water Buffer To the extent practical, no new single-family or duplex residential lots shall be created which are entirely or partly contained within the surface water buffer.

9.

Watershed Plan Approval The TRC shall approve a watershed development plan only if the plan proposes to avoid impacts to surface water buffers defined in Section 6.2.9 C, Surface Water Buffers, or where the plan proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable:

(a)

Determined the activity is exempt from requirements of this section;

(b)

Received an authorization certificate for activities in Zones 1 & 2 of the surface water buffers for the approved watershed development plan from the TRC pursuant to Section 6.2.9 C.10, Authorization Certificates;

(c)

Received approval of a mitigation plan pursuant to Section 6.2.9 C.11, Mitigation, of this Ordinance; or

(d)

Received a variance pursuant to Section 2.4.16, Variance.

10.

Authorization Certificates

(a)

Applicants undertaking development or activities designated as allowable upon authorization, allowable with mitigation upon authorization, or allowable with exception shall submit a watershed development plan with a request for an authorization certificate to the TRC. The applicant shall demonstrate that the project meets all the following criteria:

(1)

The basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance, preserve aquatic life and habitat and protect water quality;

(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)

Stormwater control measures shall be used to minimize disturbance, preserve aquatic life and habitat and protect water quality.

(b)

The applicant shall submit a watershed development plan and written documentation in support of their assertion of no practical alternatives that contains the following:

(1)

An explanation of why this plan for the development or activity cannot be practically accomplished, reduced, relocated or reconfigured to avoid or better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and

(2)

Plans for any stormwater control measures proposed to be used to control the impacts associated with the development or activity.

(c)

Within 60 days of a submission that addresses subsection (b) above, the TRC shall review the entire project and issue an authorization certificate, deny the authorization certificate, or request additional information. When additional information is requested, the 60-day review period restarts upon receipt of all the additional information requested. A TRC decision that all the criteria in subsection (a) of this section are met shall result in issuance of an authorization certificate for the approved watershed development plan. Should TRC fail to take action or request additional information within the 60-day review period, then the requested authorization certificate shall be issued unless one of the following occurs:

(1)

The applicant agrees, in writing, to a longer period;

(2)

The TRC determines that the applicant has failed to furnish requested information necessary to make a decision;

(3)

The final decision is to be made pursuant to a watershed variance decision;

(4)

The applicant refuses access to its records or premises for the purpose of gathering information necessary for the TRC to make a decision; or

(5)

Information necessary for a decision is unavailable.

(d)

The TRC may attach conditions as provided in Section 2.3.10, Conditions of Approval, to the authorization certificate that ensure compliance with this Ordinance.

11.

Mitigation Mitigation in accordance with the requirements of 15A NCAC 02B .0295 shall apply to persons who wish to impact a surface water buffer when one of the following applies:

(a)

An applicant received an authorization certificate pursuant to Section 6.2.9 C.10, Authorization Certificates, of this section for a proposed development or activity that is designated as allowable with mitigation upon authorization; or

(b)

An applicant received a variance pursuant to Section 2.4.16, Variance, of this Ordinance and is required to perform mitigation as a condition of a variance approval.

12.

Surface Water Buffer Variances

(a)

Variations to or exceptions in the State watershed protection surface water buffer rules contained in this section are considered watershed variances in accordance with Section 2.4.16, Variances.

(b)

Variations to the requirements of this section that are more stringent than the State minimum requirements are considered watershed modifications in accordance with Section 6.2.16, Watershed Modifications.

13.

Appeals

(a)

An appeal of an authorization certificate decision of TRC shall comply with Section 2.4.3, Appeal.

(b)

An appeal pursuant to the requirements of Section 6.2.9 C, Surface Water Buffers, which applies to activities conducted under the authority of the State, the United States, multiple jurisdictions or local units of government, forest harvesting and agricultural activities, shall be referred to the Director of the NCDWR for review, as provided for in North Carolina General Statutes Chapter 150B Articles 3 and 4.

D.

Slope and Buffer Protection

1.

Purpose The purpose of this provision is to limit the loss of soil, reduce soil erosion, minimize excess stormwater runoff, lessen the degradation of surface waters, and protect the buffers so established to protect surface waters. To this end, an addition to the surface water buffer requirements of Section 6.2.9 C, Surface Water Buffers, shall be required when intermittent and perennial surface waters abut moderate to steep slopes.

2.

Application

(a)

Such addition to the surface water buffer requirements shall only apply where that portion of the surface water is adjacent to moderate to steep slope areas.

(b)

For slopes with a value of 15 percent or less, no additional buffering is required.

(c)

For slopes of greater than 15 percent up to 25 percent, an additional 15-foot wide undisturbed buffer shall be required.

(d)

For slopes greater than 25 percent, an additional 30 feet of undisturbed buffer shall be required.

(e)

These calculations shall be made from each side of the surface water bank.

(f)

Such additional buffer required by this section shall extend Zone 2 of the surface water buffer.

(g)

In the case where Zone 3 is required, the extension of the Zone 2 surface water buffer may be offset by an identical decrease in width in Zone 3.

3.

Determination

(a)

The determination of whether such moderate to steep slope areas exist adjacent to a surface water shall be made by making 100 foot long perpendicular measurements at intervals, not greater than 50 feet in length, or at intervals as otherwise determined by the TRC, along the entire length of the surface water as measured from the top of bank.

(b)

These measurements shall be based on the most recent topographic survey of land that utilizes the smallest contour interval.

(c)

Applicants should consult the Development Guide for specific calculations, instructions, and illustrations.

E.

Additional Protection in Watershed Critical Areas Due to the proximity of watershed critical area (WCA)s to water supply reservoirs, fragile areas including steep slopes near perennial and intermittent streams, wetlands and drainage areas merit additional protection as prescribed in Section 3.8.12, Watershed Overlay (WSO) District.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7287/17-29, § 12, 4-3-2017; Ord. No. 7679/20-95, § 4.B, 12-9-2020)

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.

B.

Objectives

1.

Preserve Fragile Areas and Open Space Preserve fragile areas through the following:

(a)

Avoiding riparian areas, wetlands, steep slopes, high infiltration and hydric soils;

(b)

Maximizing open space and common area through cluster development where appropriate; and

(c)

Maintaining open space in a natural condition by reforestation where clearing has occurred.

2.

Minimize Land Disturbance and Built-Upon Area Design development to provide the following:

(a)

Efficient layout to reduce overall length of streets;

(b)

Shared parking and drives where possible to further reduce built-upon area;

(c)

Use of multiple stormwater control measures such as bio-retention cells and infiltration areas to minimize impact; and

(d)

Step floor elevations to fit terrain and avoid slab-on-grade construction to minimize land disturbance.

3.

Protect Water Resources 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:

(a)

Designing driveways and parking areas with vegetated swales and/or sheet flow into infiltration areas; and

(b)

Using grass swales instead of curb and gutter to increase water filtration.

C.

Process The low impact design process is established in the City of High Point Stormwater Best Management Practices Design Manual.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.C, 12-9-2020)

A.

Density and Intensity

1.

Low Density Development Calculation

(a)

For low density development, density is measured in dwelling units per acre for single-family detached and duplex residential developments.

(b)

For recreational facilities, such as golf courses and tennis and swim clubs lying within a residential development, impacts shall be determined by measuring the built-upon area on the lot or common area and dividing by 3,000 square feet to obtain a dwelling unit equivalency number.

(c)

Upon approval of a modification by the TRC, low density developments may utilize either the density standard, built-upon area standard, or combination thereof pursuant to Table 6.2.11.A1, Minimum Stormwater Controls Required in the General Watershed Area and in Non-water Supply Watersheds.

(d)

For all other residential and nonresidential development, the built-upon area measure shall apply.

2.

High Density Development Calculation For all high density development the built-upon area measure shall apply.

3.

Density and Built-Upon Area Calculations

(a)

For the purpose of calculating density, acres shall be gross acres.

(b)

As an alternative, single-family detached or duplex residential developments dividing 4 or fewer lots and not constructing streets may use 20,000 square-foot lots where the maximum density is 2 dwelling units per acre and 40,000 square-foot lots where the maximum density is 1 dwelling unit per acre.

(c)

If single-family detached or duplex dwellings are intermingled within a development with other uses, then the built-upon area measurement shall apply.

(d)

When sections of the same development are devoted to single-family detached or duplex residential development and other sections are devoted to other uses, then the developer may apply the appropriate measurement to the different sections or may use the built-upon area measurement for the entire development.

(e)

Single-family detached or duplex residential development using the built-upon area measurement shall assume 3,000 square feet of built-upon area per lot.

(f)

The built-upon area maximum shall apply to the entire development, including streets, buildings, drives, and other impervious surfaces.

(g)

The maximum built-upon area allowed shall be allocated throughout the development.

(h)

In single-family detached and duplex residential developments, the allocation to each lot shall be uniform.

(i)

In all other developments, the allocation may vary among lots.

(j)

In all cases, the recorded plat shall clearly state each lot's allocation and restrictive covenants shall record these allocations.

4.

Density Averaging Two non-contiguous lots may be considered as one lot for the purposes of development density and intensity, provided the following requirements are met:

(a)

The two lots must be within the same water supply watershed, irrespective of jurisdictional boundaries.

(b)

Neither of the lots can be publicly held land, which include but are not limited to dedicated drainageway, open space, parkland, or other lands obtained for watershed protection.

(c)

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.

(d)

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 listed in Section 6.2.15, Individual Water Supply Watersheds.

(e)

The overall density for both lots shall meet applicable density requirements of Section 6.2.15, Individual Water Supply Watersheds, and both lots shall meet the stormwater control requirements for the individual water supply watershed.

(f)

If the development meets applicable low density requirements, the stormwater runoff shall be transported by vegetated conveyances to the maximum extent practicable.

(g)

Both lots shall comply with the applicable surface water buffer requirements of Section 6.2.9 C, Surface Water Buffers.

(h)

Built-upon areas shall be designed and located such that the Technical Review Committee finds that the design of each site is such that all of the following are achieved:

(1)

Minimized stormwater runoff impact to the receiving waters;

(2)

Minimized concentrated stormwater flow;

(3)

Maximized use of sheet flow through vegetated areas; and

(4)

Maximized flow length through vegetated areas.

(i)

Areas of concentrated density development shall be located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways.

(j)

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 (m) below, and be managed through one of the following means:

(1)

Conveyance to an owners' association as common elements;

(2)

Conveyance to a local government as a park, open space or greenway; or

(3)

Placement under a permanent conservation or farmland preservation easement.

(k)

Metes and bounds descriptions of the areas to remain vegetated and limits on use shall be recorded as follows:

(1)

On a plat;

(2)

If located within Common Elements, in the property's declaration of covenants, conditions, and restrictions;

(3)

If not located within Common Elements, in the individual deeds for each of the lots; and

(4)

With language making them irrevocable unless amended under the provisions of this Ordinance.

(l)

Density averaging for a development will be reviewed and approved as part of the watershed development plan for the lot or lots within the City's watershed jurisdiction. If one of the lots is located outside the City's jurisdiction and that lot is transferring its density allocation to a lot within the City's jurisdiction, then the density averaging approval for the development may not be granted until any required development approvals are provided by the other watershed jurisdiction.

(m)

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)

Utilities and associated erosion control structures may be constructed and maintained;

(2)

Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health;

(3)

Mechanical mowing of utility areas is allowed to control growth;

(4)

The removal of dead trees and logs is permitted, provided the stumps remain;

(5)

The removal of briars and vines is permitted, provided the underbrush remains in its natural state; and

(6)

The removal of hazardous trees is permitted, provided the stumps remain.

B.

Stormwater Control Measures

1.

Vegetated Conveyances for Low Density Development To the maximum extent practical, as determined by TRC, stormwater runoff shall be transported from the development to vegetated areas as dispersed flow or by vegetated conveyances in accordance with the following.

(a)

Site-specific factors, such as topography, site layout, and protection of water quality, shall be considered.

(b)

Vegetated conveyances shall be maintained in perpetuity and meet the following criteria:

(1)

Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and

(2)

The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.

(c)

In lieu of vegetated conveyances, curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas are allowed, subject to the following requirements:

(1)

The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive velocity;

(2)

The longitudinal slope of the swale or vegetated area shall not exceed 5 percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;

(3)

The swale's cross section shall be trapezoidal with a minimum bottom width of 2 feet;

(4)

The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);

(5)

The minimum length of the swale or vegetated area shall be 100 feet; and

(6)

Treatment swales designed in accordance with 15A NCAC 02H .1061 may be used in lieu of the requirements specified in items (1) through (5) above.

2.

Alternate Measures As required by Table 6.2.11.A1: Minimum Stormwater Controls Required in the General Watershed Area and in Non-Water Supply Watersheds and Table 6.2.11.A2: Minimum Stormwater Controls Required in the Watershed Critical Area, the following stormwater control measures are considered alternate measures that may be allowed provided that they meet the standards of the City of High Point Stormwater Best Management Practices Design Manual:

(a)

Extended dry pond;

(b)

Infiltration trench;

(c)

Natural infiltration area;

(d)

Participation in a public or private regional runoff control program, in compliance with Section 6.2.11 C, Participation in a Regional Stormwater Control Program;

(e)

Low impact design; and

(f)

Any stormwater control measures approved by the Engineering Services Director that complies with the performance standards of control of the first ½ inch of rainfall.

3.

Primary Stormwater Control Measures for High Density Development In accordance with Table 6.2.11.A1: Minimum Stormwater Controls Required in the General Watershed Area and in Non-Water Supply Watersheds and Table 6.2.11.A2: Minimum Stormwater Controls Required in the Watershed Critical Area, stormwater control measures meeting the performance standards of control of the first 1 inch of rainfall and removal of 85 percent of total suspended solids (TSS) or limiting annual runoff volume after development to not more than 10 percent of the annual runoff volume before development shall be used to control stormwater runoff in compliance with the City of High Point Stormwater Best Management Practices Design Manual. In-lieu of an on-site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Section 6.2.11 C, Participation in a Regional Stormwater Control Program.

C.

Participation in a Regional Stormwater Control Program

1.

Public Regional Stormwater Control Program

(a)

Where Permitted

(1)

Where a regional stormwater control program has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development may participate in the program in-lieu of any certification of stormwater control required by this section, provided that:

(i)

The development is within an area covered by a public regional stormwater control program;

(ii)

Stormwater from the development drains to an existing or funded public regional engineered stormwater control structure which is proposed to be built and is part of the program;

(iii)

Participation is in the form of contribution of funds, contribution of land, contribution of engineered stormwater control structure construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the City or in accordance with an intergovernmental agreement; and

(iv)

The TRC finds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance.

(2)

Developments participating in a public regional stormwater control program are encouraged to maintain pre-development hydrology at the project site.

(b)

Use of Contributions Each contribution from a development participating in a public regional engineered stormwater control structure program shall be used for acquisition, engineering, construction and/or maintenance of 1 or more such structures in the same watershed in which development lies. The use of contributions for these purposes does not preclude the use or imposition of other revenue sources for these purposes.

2.

Private Regional Stormwater Control Program

(a)

Where Permitted

(1)

Participation in a private regional engineered stormwater control program is permitted where a private off-site stormwater control program has been established by one or more property owners and approved by the TRC. A development may participate in the program in-lieu of any certification of runoff control required by this section, provided that:

(i)

The development is within an area covered by an off-site engineered stormwater control structure;

(ii)

Runoff from the development drains to an existing engineered stormwater control structure;

(iii)

The parties agree to share the cost of any required maintenance and/or construction;

(iv)

The agreement runs with the property;

(v)

The agreement is recorded with the appropriate county Register of Deeds in accordance with Section 6.2.11 D.3, Recordation of Improvements;

(vi)

The Engineering Services Director finds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance.

(2)

Developments participating in a private regional stormwater control program are encouraged to maintain pre-development hydrology at the project site.

D.

Improvements

1.

Design of Improvements

(a)

The design of all stormwater control measures shall be performed by a North Carolina registered professional engineer, approved by the TRC, and meet or exceed the standards of the City of High Point Stormwater Best Management Practices Design Manual.

(b)

The TRC shall require that a stormwater control measure be positioned on a site such that water quality protection is improved.

2.

Construction of Improvements

(a)

The construction of all stormwater control measures as shown on an approved watershed development plan shall be completed and have received final approval prior to any plat recordation, or said improvements shall be guaranteed by a surety in accordance with Section 2.6, Financial Guarantees.

(b)

The construction of all stormwater control measures as shown on an approved watershed development plan shall be completed and have received final approval prior to the issuance of a certificate of occupancy.

(c)

If a building permit is not required for a site, then any required stormwater control measure shall be completed prior to installation of any built-upon area on the site.

3.

Recordation of Improvements All stormwater control measures and associated access/maintenance easement(s) shall be recorded on a plat, and a mechanism to ensure their maintenance shall be established and recorded concurrent with or prior to plat recordation.

4.

Engineer's Certificate of Completion Required An engineer's Certification of Completion for stormwater control measures as set out in the City's Development Guide shall be submitted prior to issuance of any building certificate of occupancy.

5.

Operation and Maintenance Agreement

(a)

Maintenance responsibility for stormwater control measures and their access shall be vested with a responsible party by means of a legally binding and enforceable operation and maintenance agreement that is executed as a condition of plan approval, as provided for in Section 6.2.11 D.3, Recordation of Improvements.

(b)

The agreement must be approved by the Public Services Director and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater control measures.

(c)

In the case of participation in a regional runoff control program in accordance with Section 6.2.11, General Standards and Restrictions, a binding contract or agreement shall be required for participation.

(d)

The operation and maintenance agreement shall be referenced on the final plat and shall be recorded with the appropriate county Register of Deeds upon final plat approval.

(e)

If no subdivision plat is recorded for the site, then the operation and maintenance agreement shall be recorded with the appropriate county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.

(f)

The operation and maintenance agreement shall require the owner or owners' association to maintain, repair and, if necessary, reconstruct the stormwater control measures, and shall state the terms, conditions, and schedule of maintenance for such.

(g)

The owner of each stormwater control measure installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling water quality and quantity in accordance with the function for which it was designed.

(h)

The operation and maintenance agreement shall refer the property owner or owners' association to the City of High Point for specific maintenance requirements of stormwater control measures. In addition, it shall grant to the City a right of entry in the event that the Public Services Director has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater control measures. In no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for maintenance of the stormwater control measures.

(i)

The Public Services Director shall have the responsibility to inspect the engineered stormwater control structures annually, as required by NC Environmental Management Commission, to record the results on forms approved or supplied by the NCDWR, to inspect any other stormwater control measures as deemed necessary, and to notify the responsible property owner or owners' association when maintenance or repairs are required.

(j)

All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the landowner or owners' association.

(k)

For all stormwater control measures required pursuant to this Ordinance that are owned by a private property owner or an owners' association, the required operation and maintenance agreement shall include all of the following provisions:

(1)

Acknowledgment that the owner or owners' association shall continuously operate and maintain the stormwater control measures.

(2)

Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological, or vegetative replacement, major repair, or reconstruction of the stormwater control measures. If stormwater control measures are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed from the escrow account.

(3)

Escrowed funds may be spent by the landowner or owners' association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the stormwater control measures.

(4)

Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct stormwater control measures.

(5)

Allowing the City to recover from the landowner or owners' association and its members any and all costs the City expends to maintain or repair the stormwater control measures or to correct any operational deficiencies.

(6)

Failure to pay the City all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement.

(7)

In case of a deficiency, the City shall thereafter be entitled to bring an action against the owner or owners' association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.

(8)

A statement that this agreement shall not obligate the City to maintain or repair any stormwater control measure, and the City shall not be liable to any person for the condition or operation of stormwater control measures.

(9)

A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law.

(10)

A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the stormwater control measures, unless the City has agreed in writing to assume the maintenance responsibility and has accepted dedication of any and all rights necessary to carry out that maintenance.

6.

Inspection Program

(a)

Inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws.

(b)

Inspections may include, but are not limited to:

(1)

Reviewing maintenance and repair records;

(2)

Sampling discharges, surface water, groundwater, and material or water in stormwater control measures; and

(3)

Evaluating the condition of stormwater control measures.

(c)

If the owner or occupant of any land refuses to permit such inspection, the Public Services Director shall proceed to obtain an administrative search warrant pursuant to North Carolina General Statutes Section 15-27.2, as amended.

(d)

No person shall obstruct, hamper or interfere with the Public Services Director while carrying out their official duties.

E.

Watershed Development Plan

1.

Plan Required A watershed development plan prepared by a North Carolina registered professional engineer in accordance with the requirements of this section shall be submitted to the Planning and Development Director for all development.

2.

Construction Plans a Part of Watershed Development Plan The construction plans for required runoff control structure(s) shall be approved as part of the watershed development plan, and prior to issuance of any building or land disturbance permit on a site. For subdivisions, construction plans shall be submitted in accordance with Section 2.5.11, Preliminary Plan.

3.

Master Watershed Development Plan

(a)

Where authorized by the TRC, a master watershed development plan may be approved for certain large-scale nonresidential and multi-family developments, in-lieu of a watershed development plan with the required construction plans.

(b)

Where authorized, the master watershed development plan shall be approved by the TRC prior to the recordation of any plat, or issuance of any grading or building permits for the total site.

(c)

Prior to the approval of any site plans or group development plans, grading permit, or building permit for any development site included on a given master watershed development plan, a site-specific watershed development plan shall be approved subject to the requirements of this section.

4.

Plan Approval The TRC shall approve any watershed development plan that is in conformance with the requirements of this section.

5.

Approved Plan a Prerequisite A watershed development plan shall be approved prior to the recordation of any plat, or issuance of any grading permit or building permit for the site. The Planning and Development and the Engineering Services Director are not authorized to issue any permits for development on any land unless a watershed development plan is approved, if one is required.

6.

Stormwater Control Measures When stormwater control measures, including participation in a regional stormwater control program, 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 out in the City's Development Guide affixed, signed, sealed, and dated.

F.

Stormwater As-Built Plans Required Upon completion of a stormwater control measure, the developer shall certify to the Public Services Director that the completed project is in accordance with the approved plans and shall submit actual "as built" plans after final construction is completed. The plans shall show the final design specifications for all improvements and the field location, size, depth, and related measures, controls and devices, as installed. The designer shall certify, under seal, that the as-built design, measures, controls, and devices are in compliance with the approved plans and with the requirements of this Ordinance. A final inspection and approval by the Public Services Director shall occur before the release of the performance guarantee.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7287/17-29, §§ 12, 13, 4-3-2017; Ord. No. 7365/17-108, § 1, 11-20-2017; Ord. No. 7622/20-38, §§ 11.C, 11.E, 22, 8-5-2020; Ord. No. 7679/20-95, §§ 4.D—4.H, 12-9-2020)

The standards in this section shall apply to lands within an individual WSO district in addition to the standards in Section 6.2.11, General Standards and Restrictions.

A.

District Components Each WSO district is divided into 2 sub districts: the General Watershed Area (GWA), and the Watershed Critical Area (WCA).

1.

General Watershed Area (GWA) The General Watershed Area (GWA) component includes all land draining into a designated water supply reservoir within the City's jurisdiction, but outside the Watershed Critical Area (WCA) Overlay component. For the purposes of this section, the following constitute the designated water supply reservoirs:

(a)

Oak Hollow Lake;

(b)

City Lake;

(c)

Oakdale Reservoir (Jamestown);

(d)

Randleman Lake;

(e)

Uwharrie (Lake Reese); and

(f)

Lake Thom-A-Lex.

2.

Watershed Critical Area (WCA)

(a)

Location

(1)

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

(2)

The WCA component boundary extends either a minimum of 2,750 feet outward from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of designated water supply reservoir basins, whichever is closer to the normal pool elevation.

(3)

In the case of major streams feeding the water supply reservoir (i.e., East and West Forks of the Deep River and Hiatt Branch), the WCA subarea boundary extends to the nearest identifiable major feature which crosses the stream, and which is at least 2,750 feet upstream of the reservoir measured horizontally, except for the West Fork of the Deep River upstream from Oak Hollow Lake, where the major identifiable feature shall be defined as Sandy Ridge Road. The identifiable major feature may be a street, railroad, easement, or other means of travel, which can be used by emergency personnel to respond to spills.

(b)

Tiers Each WCA is comprised of 4 separate tiers, which are designated as follows:

(1)

Tier 1 Tier 1 consists of those lands within 200 feet measured horizontally from the pool elevation of the designated reservoir, which is 803 feet above mean sea level for Oak Hollow Lake, 756 feet above mean sea level for City Lake, 716 feet above mean sea level for Oakdale Reservoir, and 682 feet above mean sea level for Randleman Lake.

(2)

Tier 2 Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line parallel to and 750 feet in distance from the normal pool elevation.

(3)

Tier 3 Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,750 feet, measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, for all WCAs except the Randleman Lake WCA. Randleman Lake's WCA consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 3,000 feet measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, except that Tier 3 along Richland Creek consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,640 feet (1/2 mile) measured horizontally from the normal pool elevation or to the boundary of the WCA, whichever comes first.

(4)

Tier 4 Tier 4 consists of those lands lying in the area between the boundary of Tier 3 and the WCA boundary.

B.

District Boundaries The district boundaries for each WSO are shown on the City of High Point Watershed Map, which is incorporated herein by reference. WSO boundaries shall be determined in accordance with Section 3.1.5, Official Zoning Map, and Section 2.5.4, Determination.

(Ord. No. 7266/17-08, § 27, 1-17-2017)

A.

Prohibited Uses The following uses and activities are prohibited in a GWA:

1.

All hazardous or toxic substance generators or handlers as defined in this Ordinance; and

2.

Establishment of a new public or private major landfill or expansion of an existing private major landfill.

B.

Built-Upon Area Limitations

1.

Limits in Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds Oak Hollow Lake, City Lake, and Oakdale Reservoir are classified as WS IV CW water supply watersheds, and development in the GWA shall not exceed 70 percent built-upon area.

2.

Limits in Randleman Lake Watershed Randleman Lake is classified as a WS IV CW water supply watershed, and development in the Randleman Lake GWA shall not exceed 50 percent built-upon area, except as provided below:

(a)

In the Randleman Lake Downtown Area, as shown on the City of High Point Watershed Map, development shall not exceed 90 percent built-upon area.

(b)

In the Randleman Lake Credit Area, which is in the Deep River 1 sub-basin as shown on the City of High Point Watershed Map, nonresidential development shall not exceed 70 percent on parcels totaling a maximum of 2,357 acres.

(c)

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation identified in this subsection.

3.

Limits in the Uwharrie (Lake Reese) and Lake Thom-A-Lex Watersheds Uwharrie (Lake Reece) and Lake Thom-A-Lex are classified as WS III water supply watersheds, and development in the GWA shall not exceed 50 percent built-upon area, except as otherwise as provided below:

(a)

10 percent of the City's portion of the Uwharrie (Lake Reese) Watershed and the Lake Thom-A-Lex Watershed may be developed with new nonresidential development at up to 70 percent built-upon area.

(b)

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation identified in this Subsection.

(c)

Development under this provision requires primary stormwater control measures and low-density development must meet the surface water buffer width requirements for high-density development.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.I, 12-9-2020)

A.

Prohibited Uses In addition to the limitations in Table 4.1.9, Principal Use Table, the following uses are prohibited in a WCA:

1.

Any use that employs, sells, or relates to petroleum, petroleum-based products, or equipment that uses petroleum;

2.

Any use that involves or relates to chemicals, fertilizer, pesticides, explosives, or phosphorous;

3.

Any use that involves or relates to the manufacture of paper, rubber, concrete, metals, or textiles;

4.

Any use that relates to the collection, processing, or storage of refuse or waste products;

5.

Any use that relates to or involves livestock or animal-related products or services; and

6.

Any use that involves or relates to commercial, physical, or biological research.

B.

Containment Structures Storage tanks for fuels and chemicals and associated pumping and piping allowed in the WCA shall have a spill containment system approved by the Planning and Development Director and the Fire Marshal and shall comply with the following:

1.

Containment systems shall be of sufficient volume to contain 100 percent of all the tank(s) contents stored in the area and shall have a leak detection system.

2.

Tanks and containment structures shall not be placed closer than 1,000 feet to the normal pool elevation of the applicable reservoir.

3.

Except when abutting an LI or HI zoning district, a containment system shall be a minimum of 50 feet from the lot line.

4.

Provisions shall be made to remove stormwater without removal of the product except for mistable materials.

5.

Contaminated water may not be discharged to the sewer system without a permit or to a water body or to a water-course.

C.

Underground Storage Tanks Except for the replacement of existing tanks, underground storage tanks for fuels and chemicals are prohibited in the WCA.

D.

Point Source Discharges

1.

No new wastewater treatment plants of any kind or expansion of any existing private wastewater facilities shall be permitted in the WCA.

2.

Industrial pre-treatment facilities that prepare wastewater for discharge into a public sewer system shall be permitted in the WCA.

E.

Slopes Greater than 15 Percent and Wetlands

1.

Slopes greater than 15 percent lying adjacent to natural drainageways, intermittent streams, perennial streams, and wetlands shall remain in a natural and undisturbed condition except for road crossings, utilities, erosion control devices, and runoff control devices.

2.

Dedication of these areas to the City as drainageway and open space may be required when authorized by Section 7.1.6 F, Drainage, or any other provision in this Ordinance.

3.

Where dedication is not required, a water quality conservation easement shall be recorded over wetlands and slopes greater than 15 percent.

4.

Where a water quality conservation easement serves to bring 2 or more lots into compliance with WCA requirements, the TRC may require that the wetlands and slopes covered by such easements be held as common area by an owners' association.

5.

The natural ground cover and natural tree canopy within a water quality conservation easement shall be preserved except when removal is authorized by the Public Services Department as part of the following:

(a)

Construction or maintenance of a public utility by the City or a designee;

(b)

Construction or maintenance of soil erosion and sedimentation control structures by the developer of the land, in accordance with Section 2.5.10, Land Disturbance Permit. After these structures are no longer needed, they shall be removed and the water quality conservation easement restored to a natural state;

(c)

Normal maintenance by mechanical means for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health; and

(d)

Mowing of utility areas.

6.

Nothing in this subsection shall supersede the surface water buffer requirements of Section 6.2.9 C, Surface Water Buffers.

F.

Drainage

1.

Drainage within the WCA shall be provided by means of open channels, unless it is determined by the TRC that better water quality protection is provided by alternative means.

2.

Drainageways shall have protected channels or remain in a natural, undisturbed state, except for road crossings, utilities, erosion control devices, runoff control devices, and desirable artificial stream bank stabilization.

3.

No new development shall be allowed in a drainageway except that water dependent structures and public projects such as greenways may be allowed where no practicable alternative exists. Where these activities are allowed, they shall minimize built-upon surface area and maximize the utilization of stormwater control measures.

4.

Perennial and intermittent streams, lakes and ponds shall be protected as specified in Section 6.2.9 C, Surface Water Buffers.

G.

Density Shifting

1.

The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged in the WCA by density shifting. The overall density of a development utilizing density shifting shall meet the applicable WCA density and stormwater control requirements, except as modified by this sub-section. Built-upon areas within such developments shall be designed and sited to minimize stormwater runoff impact to the receiving waters, and the remainder of the tract should remain in an undisturbed or natural state.

2.

Density shifting is utilized in developments having lot sizes in accordance with the minimum area permitted by the underlying zoning district or in approved conservation subdivisions. Through density shifting, developments may increase the maximum permitted residential densities otherwise established in this Ordinance if the development rights attached to acreage located within a tier are transferred within the same tract to an adjacent tier located farther from the water supply reservoir. Such transfer shall permit an additional number of dwelling units in the receiving tier. This addition is calculated by adding the density or dwelling units transferred from the adjacent tier to the density or dwelling units permitted in the receiving tier. The dwelling units permitted by acreage transfer from an adjacent tier shall be in addition to the number of dwelling units otherwise permitted in the receiving tier, but in no case shall the density allowed by the underlying zoning district be exceeded.

H.

Public Sanitary Sewer Required Except for development in the Randleman Lake WCA constructed under the low density option, all new development in a WCA shall be served by public sanitary sewer.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7622/20-38, § 22, 8-5-2020; Ord. No. 7679/20-95, § 4.J, 12-9-2020)

A.

Oak Hollow Lake

1.

GWA Built-Upon Area Limits Development in Oak Hollow Lake GWA shall not exceed 70 percent built-upon area.

2.

WCA Density and Built-Upon Area Limits Density and built-upon area in the Oak Hollow Lake WCA shall be as follows:

(a)

Tier 1: None, except for public water dependent structures.

(b)

Tier 2: 1 dwelling unit per acre.

(c)

Tier 3: 2 dwelling units per acre or 35 percent built-upon area.

(d)

Tier 4: 2 dwelling units per acre or 50 percent built-upon area.

B.

City Lake

1.

GWA Built-Upon Area Limits Development in City Lake GWA shall not exceed 70 percent built-upon area.

2.

WCA Density and Built-Upon Area Limits Density and built-upon area in the City Lake WCA shall be as follows:

(a)

Tier 1: None, except for public water dependent structures.

(b)

Tier 2: 1 dwelling unit per acre.

(c)

Tier 3: 2 dwelling units per acre or 35 percent built-upon area.

(d)

Tier 4: 2 dwelling units per acre or 50 percent built-upon area.

C.

Oakdale Reservoir

1.

GWA Built-Upon Area Limits Development in Oakdale Reservoir GWA shall not exceed 70 percent built-upon area.

2.

WCA Density and Built-Upon Area Limits Density and Built-Upon Area in Oakdale Reservoir WCA shall be as follows:

(a)

Tier 1: None, except for public water dependent structures.

(b)

Tier 2: 1 dwelling unit per acre.

(c)

Tier 3: 2 dwelling units per acre or 35 percent built-upon area.

(d)

Tier 4: Oakdale Reservoir does not have a Tier 4.

D.

Randleman Lake

1.

GWA Built-Upon Area Limits Development in the Randleman Lake GWA shall not exceed 50 percent built-upon area, except as otherwise provided below:

(a)

In the Randleman Lake Downtown Area, as shown on the High Point Watershed Map, development shall not exceed 90 percent built-upon area.

(b)

In the Randleman Lake Credit Area, as shown on the High Point Watershed Map, nonresidential development shall not exceed 70 percent on parcels totaling a maximum of 2,357 acres.

(c)

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation.

2.

WCA Density and Built-Upon Area Limits Density and built-upon area in the Randleman Lake WCA shall be as follows:

(a)

Tier 1: None, except for public water dependent structures.

(b)

Tier 2: 1 dwelling unit per 5 acres or 2.5 percent built-upon area.

(c)

Tier 3: 1 dwelling unit per 3 acres or 4 percent built-upon area, except that up to 30 percent built-upon area shall be permitted in accordance with Section 6.2.15 D.3, WCA High Density Option.

(d)

Tier 4: 1 dwelling unit per acre or 12 percent built-upon area, except that up to 40 percent built-upon area shall be permitted in accordance with Section 6.2.15 D.3, WCA High Density Option.

3.

WCA High Density Option Built-upon area in the Randleman Lake WCA may be increased in the following sub-basins using the high density option, provided:

(a)

In Tier 3 of the Richland Creek sub-basin, a total of 255 acres may be developed with nonresidential development under the high density option at 30 percent built-upon area.

(b)

In the Business 85/Riverdale Road sub-basin, a total of 482 acres may be developed with nonresidential development under the high density option at 30 percent built-upon area in Tier 3 and 40 percent built-upon area in Tier 4. However, of that total 482 acres in the Business 85/Riverdale Road sub-basin, only a maximum of 284 acres shall be developed in Tier 3.

(c)

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation.

E.

Uwharrie (Lake Reece) Development in a WS-III GWA shall not exceed 50 percent built-upon area, except as otherwise provided below:

1.

10 percent of the City's portion of the Uwharrie (Lake Reese) Watershed, as delineated on July 1, 1993, may be developed with new nonresidential development at up to 70 percent built-upon area.

2.

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation.

3.

Development under this provision requires primary stormwater control measures and low-density development must meet the surface water buffer width requirements for high-density development.

F.

Lake Thom-A-Lex Development in a WS-III GWA shall not exceed 50 percent built-upon area, except as otherwise provided below:

1.

10 percent of the City's portion of the Lake Thom-A-Lex Watershed, may be developed with new nonresidential development at up to 70 percent built-upon area.

2.

Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plan for a development is approved. Expiration of a building permit, site plan approval, or preliminary plan approval shall terminate the allocation.

3.

Development under this provision requires primary stormwater control measures and low-density development must meet the surface water buffer width requirements for high-density development.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7622/20-38, § 22, 8-5-2020; Ord. No. 7679/20-95, § 4.K, 12-9-2020)

A.

General

1.

The TRC is authorized to modify this section and accept an alternate means of accomplishing the purposes of this Ordinance for those watershed requirements that are more stringent than the State minimum watershed requirements.

2.

Where such watershed requirements are State minimum requirements, then a departure from those requirements shall only be considered in accordance with Section 2.4.16, Variance.

B.

Grounds for Modification In considering a watershed modification, the TRC shall determine that the modification request meets one or more of the following findings:

1.

Equal or Better Performance

(a)

A finding by the TRC that equal or better performance in furtherance of the purposes of this Ordinance will result from the alternate standards portrayed on the plan constitutes grounds for approval of a modification. The evaluation of performance shall be made with regard to overall performance in furtherance of the purposes of this Ordinance.

(b)

If an alternate standard as portrayed on the plan reduces performance with regard to one or more Ordinance purposes but produces a concomitant and counterbalancing superiority of performance with regard to one or more other purposes, a modification may be approved.

2.

Physical Constraints A finding by the TRC that the size, topography, or existing development of the property or of adjoining areas prevents conformance with a standard constitutes grounds for approval of a modification.

3.

Other Constraints A finding by the TRC that a federal, state or local law or regulation prevents conformance with a standard constitutes grounds for approval of a modification.

4.

Conditions

(a)

In approving a modification, the TRC may prescribe such reasonable and appropriate conditions and safeguards as will assure that the use of the land will:

(1)

Be compatible with surrounding lands;

(2)

Not alter the essential character of the neighborhood; and

(3)

Support the purposes of this Ordinance.

(b)

Violations of conditions and safeguards that are part of the terms of modification approval shall be deemed a violation of this Ordinance.

(c)

An approved modification is part of an approved watershed plan and shall have the same duration as the plan approval.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.L, 12-9-2020)

A.

Randleman Lake GWA Built-Upon Area Limits The Planning and Development Director shall keep records on the City's use of the provision allowing land in the Randleman Lake GWA to be developed with a maximum of 70 percent built-upon area. Records for the watershed shall include the total area of the GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan.

B.

Randleman Lake WCA Built-Upon Area Limits

1.

The Planning and Development Director shall keep records on the City's use of the provision allowing land in the Richland Creek sub-basin and the Business 85 Riverdale Road sub-basin of the Randleman Lake WCA to be developed with a maximum of 30 percent built-upon area in Tier 3 and 40 percent built-upon area in Tier 4. High density nonresidential development shall be limited in the WCA to these 2 sub-basins of the Randleman Lake Watershed, as shown on the High Point Watershed Map.

2.

Records for the watershed shall include the total area of the WCA, total area of Tiers 3 and 4 of the WCA within the 2 sub-basins, total acres eligible to be developed in Tiers 3 and 4 under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan.

C.

10/70 Provision

1.

The Planning and Development Director shall keep records on the City's use of the provision allowing a maximum of 10 percent of the GWA of the Uwharrie (Lake Reese) Watershed and the Lake Thom-A-Lex Watershed to be developed with a maximum of 70 percent built-upon area. Records for the watershed shall include the total area of the watershed's GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan.

D.

Record Keeping In accordance with State requirements, records of watershed variances and authorization certificates shall be maintained by the Planning and Development Director; records of on-site surface water determinations shall be maintained by the Engineering Services Director; and records of stormwater control violations shall be maintained by the Public Services Director.

(Ord. No. 7266/17-08, § 27, 1-17-2017; Ord. No. 7679/20-95, § 4.M, 12-9-2020)

A.

General

1.

Unless exempted by this section, no person shall initiate any land-disturbing activity without a soil erosion and sedimentation control plan and a land disturbance permit in accordance with Section 2.5.10, Land Disturbance Permit, if the land-disturbing activity:

(a)

Exceeds 1 acre (lands under one ownership or diverse lands being developed as a unit shall be aggregated);

(b)

Is located on highly erodible soils with a "k" factor greater than 0.36;

(c)

Includes a water quality pond or retention structure in a watershed, or drains into a water quality pond or retention structure in any part of a watershed;

(d)

Is located in a Tier 1 or Tier 2 portion of a WCA;

(e)

Is located in an existing uncovered area requiring extensive soil erosion control measures in accordance with Subsection 6.3.13, Existing Uncovered Areas; or

(f)

Requires extensive erosion control measures.

B.

Protection of Property A person conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

The following activities are exempted from the requirements of Section 2.5.10, Land Disturbance Permit, and the standards in this section:

A.

A land-disturbing activity which is essential to protect human life during an emergency;

B.

A land-disturbing activity undertaken in areas that do not comply with Section 6.3.1 A.1(b)—(f) above;

C.

The stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided sediment control measures are utilized to protect against off-site damage;

D.

A land-disturbing activity undertaken on agricultural land for the raising of plants or animals useful to man, including but not limited to:

1.

Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts;

2.

Dairy animals and dairy products;

3.

Poultry and poultry products;

4.

Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals;

5.

Bees and aviary products; and

6.

Fur animals.

E.

A land-disturbing activity undertaken on forest land for the production and harvesting of timber and timber products, which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (Best Management Practices) as adopted by the North Carolina Department of Environment and Natural Resources (DENR). The landowner shall provide the Office of Erosion Control a copy of the Reforestation/Regeneration Plan and the Forest Stewardship Program Plan for review of the Erosion and Sedimentation Control Plan. A Forest Stewardship Plan submitted under the guise of any reason other than that of a true Forest Stewardship Plan (subdivision or commercial development) shall be void. The plan shall be treated as a subdivision or commercial development and shall be governed under the approximate standard within this Ordinance. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land-disturbing activity on the tract;

F.

A land-disturbing activity undertaken by persons as defined in North Carolina General Statutes Section 113A-52(8) who are otherwise regulated by the provisions of The Mining Act of 1971, North Carolina General Statutes Section 74-46 through 74-68;

G.

A land-disturbing activity undertaken on lands over which the State has exclusive regulatory jurisdiction as provided in North Carolina General Statutes Section 113A-56(a); and

H.

A land disturbing activity for an addition, accessory building, accessory dwelling unit, or accessory structure that does not exceed 1,000 square feet of disturbed area.

(Ord. No. 7749/21-66, § 1, 11-1-2021)

Land-disturbing activities subject to the standards in this section shall require prior approval of a soil erosion and sediment control plan prepared in accordance with the following standards.

A.

Preparation of Plan

1.

The soil erosion and sedimentation control plan shall be prepared by, and shall bear the seal and signature of a licensed professional engineer, registered landscape architect, certified professional in erosion and sedimentation control (CPESC), or a registered surveyor to the extent permitted by North Carolina law, at a scale not less than 1 inch equals 100 feet.

2.

The plan shall be filed with the Planning and Development Director, and the applicable Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity.

3.

Plans submitted for sites less than 1 acre do not require a seal and signature of a licensed professional engineer, registered landscape architect, certified professional in erosion and sedimentation control (CPESC), or registered surveyor.

B.

Submission of Plan

1.

A person conducting land-disturbing activity that proposes to disturb or uncover 1 or more acres shall submit an erosion control plan with the Engineering Services Director, at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site.

2.

If the Engineering Services Director, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Engineering Services Director shall require a revised plan.

3.

Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority.

C.

Financial Responsibility Statement

1.

Soil erosion and sedimentation control plans shall be disapproved unless accompanied by an authorized statement of financial responsibility and ownership.

2.

This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney in fact.

3.

The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and landowner, or their registered agents.

4.

If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the North Carolina Environmental Policy Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance.

D.

Plan Requirements The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the land and the measures proposed to ensure compliance with the requirements of this section. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation can be found in the Development Guide.

E.

North Carolina Division of Water Resources Approval Required The landowner or developer shall forward to the Director of the North Carolina Division of Water Resources, a plan for any land-disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of a tract. Written documentation of this plan submittal shall be provided to the Engineering Services Director prior to approval of an erosion and sedimentation control plan.

F.

Conservation District Review Within 20 days of receipt of any plan, the applicable Soil and Water Conservation District shall review it and submit its comments and recommendations to the Engineering Services Director. Failure of the Soil and Water Conservation District to submit its comments and recommendations within 20 days shall not delay final action on the plan.

G.

Engineering Services Director Review

1.

The Engineering Services Director shall review each complete plan submitted within 30 days of the date it is determined complete and notify the person submitting the plan that it is approved, approved with conditions, approved with performance reservations, or disapproved.

2.

Failure to approve or disapprove a soil erosion and sedimentation control plan within 30 days of the date it is determined to be complete shall result in its being approved.

3.

If the plan is disapproved, the reasons for the denial shall be stated in writing.

4.

The Engineering Services Director shall approve or deny a revised soil erosion and sedimentation control plan within 15 days of receipt, or it shall be deemed approved.

5.

If, following commencement of a land-disturbing activity pursuant to an approved plan, the Engineering Services Director determines that the plan is inadequate to meet the requirements of this Ordinance, the Engineering Services Director may require revisions as necessary for compliance.

6.

A plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (North Carolina General Statutes Section 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Engineering Services Director shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to this section shall not begin until a complete environmental document is available for review.

H.

Grounds for Plan Denial A soil erosion and sedimentation control plan shall be disapproved if:

1.

It fails to adequately meet the basic control objectives or detail provisions of this Ordinance;

2.

Implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters; or

3.

If its content is inadequate.

I.

Other Denials

1.

A soil erosion and sedimentation control plan shall be disapproved if there is a finding that an applicant, a parent, subsidiary, or other affiliate of the applicant:

(a)

Is conducting or has conducted land-disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the North Carolina Sedimentation Control Commission or the Engineering Services Director and has not complied with the notice within the time specified in the notice;

(b)

Has failed to pay a civil penalty assessed pursuant to the Environmental Policy Act or this Ordinance which is due and for which no appeal is pending;

(c)

Has been convicted of a misdemeanor pursuant to North Carolina General Statutes Section 113A-64(b) or any criminal provision of this Ordinance; or

(d)

Has failed to substantially comply with State rules adopted pursuant to the Act or regulations of this Ordinance.

2.

For purposes of this subsection, an applicant's record may be considered for only the 2 years prior to the application date.

J.

Application Amendments An amendment to a soil erosion and sedimentation control plan may be submitted in written and/or graphic form and shall be reviewed in the same manner as the original application. Until such time as the amendment is approved, the land-disturbing activity shall not proceed except in accordance with the plan as originally approved.

K.

Work Conducted from Approved Plan A person engaged in land-disturbing activity who fails to file a plan in accordance with this Ordinance, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this Ordinance.

L.

Plan Approval Required for Permit If land-disturbing activity is subject to the requirements of this section, a building permit shall not be issued unless a soil erosion and sedimentation control plan is submitted to the Engineering Services Director, a land disturbance permit issued in accordance with Section 2.5.10, Land Disturbance Permit (if required), and initial soil erosion and sedimentation control devices are installed and are functioning properly.

M.

Work Completed Before Final Subdivision Approval A final plat approval or certificate of occupancy shall not be issued unless work at the site is completed in accordance with a valid land disturbance permit, or financial guarantee is approved and accepted as required by this Ordinance.

N.

Financial Guarantee The applicant for a land disturbance permit to grade more than 1 acre may be required to file with the Engineering Services Director a financial guarantee to cover all the costs of protection of the site, which shall be established in accordance with Section 2.6, Financial Guarantees. The guarantee shall remain in force until the work is completed in accordance with the land disturbance permit and the work is approved by the Engineering Services Director. Upon violation of this Ordinance, the Engineering Services Director may draw on the financial guarantee in accordance with Section 2.6, Financial Guarantees, to establish protective cover on the site, to control the velocity of runoff, and/or prevent off-site sedimentation.

(Ord. No. 7287/17-29, § 14, 4-3-2017; Ord. No. 7622/20-38, § 11.D, 8-5-2020)

A soil erosion and sedimentation control plan may be disapproved pursuant to Section 6.3.3 H, Grounds for Plan Denial, if the plan fails to address the following control objectives:

A.

Identify Critical Areas On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention;

B.

Limit Time of Exposure All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time;

C.

Limit Exposed Areas All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time;

D.

Control Surface Water Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure;

E.

Control Sedimentation All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage; and

F.

Manage Stormwater Runoff When the increase in the velocity of stormwater runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream.

Land-disturbing activity shall comply with the following requirements:

A.

Undisturbed Buffer Zone Required

1.

Land-disturbing activity shall not be permitted in proximity to a lake or natural watercourse unless an undisturbed buffer zone 25 feet wide is provided, or a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearer the land-disturbing activity, provided that these standards shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.

2.

Unless otherwise provided, the width of a buffer-zone is measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.

3.

Waters that have been classified as trout waters by the North Carolina Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide, or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land-disturbing activity, whichever is greater. Provided, however, that the Engineering services Director may approve plans which include land-disturbing activity along trout waters when the duration of the disturbance is temporary and the extent of the disturbance is minimal.

4.

The 25 foot minimum width factor for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank.

5.

Where a temporary and minimal disturbance is permitted, land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10 percent of the total length of the buffer zone within the tract so that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of DENR.

6.

Land-disturbing activity shall not be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations in these waters, as established in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards".

B.

Fill Material Unless a permit from the Public Services Director to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina.

C.

Graded Slopes and Fills

1.

The angle for graded slopes and fills shall be no greater than a 2-to-1 slope (horizontal to vertical) if they are to be stabilized with vegetative cover.

2.

Slopes or fills steeper than 2-to-1 must be protected by structures.

3.

In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion.

D.

Ground Cover Whenever land-disturbing activity is undertaken on a tract, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 6.3.6 B, High Quality Water Zones, of this Ordinance, provisions for permanent ground cover sufficient to restrain erosion must be accomplished within 90 calendar days following completion of construction or development.

(Ord. No. 7984/24-01, § 2(Pt. A), 1-16-2024)

A.

Design for 10-Year Storm Except as provided in Section 6.3.6 B, High Quality Water Zones, erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed to provide protection from the calculated maximum peak rate of runoff from the 10-year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures.

B.

High Quality Water Zones In high quality water (HQW) zones, the following design standards shall apply:

1.

Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of DENR.

2.

Soil erosion and sedimentation control measures, structures, and devices within HQW zones shall be planned, designed, and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association.

3.

Sediment basins within HQW zones shall be designed and constructed so the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that 2-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association.

4.

Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than 2 horizontal to 1 vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.

5.

Ground cover sufficient to restrain erosion must be provided for any portion of a land-disturbing activity in a HQW zone within 7 days of completion of any phase of grading.

C.

Sedimentation Basins Except as provided for in Section 6.3.6 B, High Quality Water Zones, above, all sedimentation basins shall be designed and constructed to have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle.

A.

Intent Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity.

B.

Performance Standard

1.

Land-disturbing activity shall be conducted so that the post-construction velocity of the 10-year storm runoff in the receiving natural watercourse to the discharge point does not exceed the greater of:

(a)

The velocity established in Table 6.3.7.B, Maximum Permissible Velocity for Stormwater Discharges; or

(b)

The velocity of the 10-year storm runoff in the receiving natural watercourse prior to development.

2.

If condition B.1 above cannot be met, the receiving watercourse (and discharge point) shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10 percent.

C.

Acceptable Management Measures

1.

General Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The N.C. Sedimentation Commission and the City recognize that the management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results.

2.

Stormwater Runoff Management Alternatives Some alternatives are to:

(a)

Avoid increases to surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious;

(b)

Avoid increases in stormwater discharge velocities by using detention devices, vegetated or roughened swales, and waterways in-lieu of closed drains and high velocity paved sections;

(c)

Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip-rapped sections to complex structures;

(d)

Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining; or

(e)

Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity.

D.

Exceptions This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse.

(Ord. No. 7365/17-108, § 1, 11-20-2017)

When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Public Service Department, 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.

Temporary access and haul roads, other than existing public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity.

A.

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.

B.

The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided.

C.

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.

During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent soil erosion and sedimentation control measures as required by the approved plan, by any provision of this Ordinance, the Act, or by any order adopted pursuant to this Ordinance or the North Carolina Sedimentation Pollution Control Act of 1973 (see Section 113A-50 of the North Carolina General Statutes). After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent soil erosion and sedimentation control measures, except those measures installed within a road or street right-of way or easement accepted for maintenance by a governmental agency.

Whenever the Engineering Services Director determines that significant sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-distributing activity will be required to and shall take additional protective action.

A.

Applicability All uncovered areas existing on the effective date of this Ordinance which are the result of land-disturbing activity, which exceed 1 acre, which are subject to continued accelerated erosion, and which 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.

B.

Notice of Violation The Engineering Services Director will serve upon the landowner or other person in possession or control of the land, a written notice of violation in accordance with Section 9.6.1, Notice of Violation. In determining the corrective measures required and the time allowed for compliance, the Engineering Services Director shall take into consideration the economic feasibility, technology, and quantity of work required and shall set reasonable attainable time limits for compliance.

C.

Requiring Erosion Control Plan The Engineering Services Director reserves the right to require preparation and approval of a soil erosion and sedimentation control plan in any instance where extensive control measures are required.

D.

Exemption This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.

(Ord. No. 7287/17-29, § 14, 4-3-2017)

The Engineering Services Director may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by North Carolina General Statutes Section 113A-57 (3), to restore the waters and land affected by the failure to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance.

A.

Applicability This section shall apply to development in all special flood hazard areas within the corporate limits and ETJ of the City of High Point.

B.

Basis for Establishing Special Flood Hazard Areas The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Guilford County dated March 16, 2009, Davidson County, dated March 16, 2009, Forsyth County, dated January 2, 2009, and Randolph County, dated January 8, 2008, along with its accompanying Flood Insurance Rate Map Panels (6789, 6798, 6799K, 6880, 6881, 6882K, 6890K, 6891K, 6892K, 6893K, 6894K, 7708, 7709K, 7719K, 7729K, 7739, 7800, 7801, 7802, 7803, 7804, 7805, 7810, 7811, 7812, 7813, 7814, 7815, 7820, 7821, 7822, 7823, 7824, and 7830), which are incorporated herein by reference.

C.

Establishment of Floodplain Development Permit A floodplain development permit is required prior to commencement of development within special flood hazard areas determined in accordance with the provisions of this section and Section 2.5.8, Floodplain Development Permit.

D.

Warning and Disclaimer of Liability The degree of flood protection required by this section 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 section does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the City or any officer or employee of the City for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

A.

Application Requirements An application for a floodplain development permit shall be prepared in accordance with the requirements in the Development Guide, the certification requirements in Section 6.4.2 B below, and submitted in accordance with the requirements of Section 2.5.8, Floodplain Development Permit.

B.

Certification Requirements Development subject to this section shall comply with the following requirements:

1.

Elevation Certificates

(a)

Before the Start of Construction

(1)

An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction.

(2)

Certification of the elevation of the reference level, in relation to mean sea level shall be submitted.

(3)

The Engineering Services Director shall review the certificate data submitted. Deficiencies shall be corrected by the applicant.

(4)

Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(b)

After Reference Level Established

(1)

An elevation certificate (FEMA Form 81-31) is required after the reference level is established.

(2)

Within 7 calendar days of establishment of the reference level elevation, the applicant shall submit a certification of the elevation of the reference level, in relation to mean sea level.

(3)

Any work done within the 7 day calendar period and prior to submission of the certification shall be at the applicant's risk.

(4)

The Engineering Services Director shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the applicant immediately and prior to further work being permitted to proceed.

(5)

Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

(c)

Final As-Built Elevation Certificate

(1)

A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to issuance of a certificate of occupancy.

(2)

The permit holder shall submit a certification of final as-built construction of the elevation of the reference level and all attendant utilities to the Engineering Services Director.

(3)

The Engineering Services Director shall review the certificate data submitted. Deficiencies detected shall be corrected by the permit holder immediately and prior to issuance of a certificate of occupancy.

(4)

In some instances, another certification may be required to certify corrected as-built construction.

(5)

Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of occupancy.

2.

Floodproofing Certificate

(a)

If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction.

(b)

The applicant shall submit to the Engineering Services Director a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level.

(c)

Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

(d)

The Engineering Services Director shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by the review shall be corrected by the applicant prior to floodplain development permit approval.

(e)

Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(f)

Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of occupancy.

3.

Manufactured Dwelling If a manufactured dwelling is placed within Zone A, AO, AE, or A1-30 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 Section 6.4.3 B, Specific Standards.

4.

Watercourse Alteration All the following items shall be submitted by a permit holder to the Engineering Services Director prior to issuance of a floodplain development permit if a watercourse is to be altered or relocated:

(a)

A description of the extent of watercourse alteration or relocation;

(b)

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

(c)

A map showing the location of the proposed watercourse alteration or relocation.

5.

Certification Exemptions The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in this subsection:

(a)

Recreational vehicles meeting requirements of Section 6.4.3 B.5, Recreational Vehicles;

(b)

Temporary nonresidential structures meeting requirements of Section 6.4.3 B.6, Temporary Non-Residential Structures; and

(c)

Accessory Structures less than 150 square feet meeting requirements of Section 6.4.3 B.7, Accessory Structures.

A.

General Standards Compliance with the following standards shall be required within a special flood hazard area:

1.

New construction and substantial improvements in special flood hazard areas shall:

(a)

Be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure;

(b)

Be constructed with materials and utility equipment resistant to flood damage;

(c)

Be constructed by methods and practices that minimize flood damages;

(d)

Be designed so that electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are configured to prevent water from entering or accumulating within the components during conditions of flooding to the regulatory flood protection elevation. These include, but are not limited to:

(1)

HVAC equipment;

(2)

Water softener units;

(3)

Bath/kitchen fixtures;

(4)

Ductwork;

(5)

Electric/gas meter panels/boxes;

(6)

Utility/cable boxes;

(7)

Hot water heaters; and

(8)

Electric outlets/switches;

(e)

Be designed so that new and replacement water supply systems minimize or eliminate infiltration of floodwaters into the system;

(f)

Be designed so that new and replacement sanitary sewage systems minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

(g)

Be located and constructed to avoid impairment of on-site waste disposal systems or contamination from them during flooding;

2.

Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this section, shall comply with the requirements of "new construction" as established in this section;

3.

Nothing in this section 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 section;

4.

New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in the special flood hazard area;

5.

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 in accordance with the provisions of Section 6.4.2 B, Certification Requirements;

6.

Subdivision and other development applications shall:

(a)

Be consistent with the need to minimize flood damage;

(b)

Require public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(c)

Require adequate drainage provided to reduce exposure to flood hazards; and

(d)

Receive 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.

7.

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvement.

8.

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 base flood elevation shall apply.

B.

Specific Standards In addition to the standards in Section 6.4.3 A, General Standards, development in all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in Section 6.4.1 B, Basis for Establishing Special Flood Hazard Areas, or Section 6.4.3 C, Standards for Floodplains without Established Base Flood Elevations, shall be subject to the following:

1.

Non-Residential Construction

(a)

New construction and substantial improvement of a nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as established in this section.

(b)

A structures located in A, AE, AO, and A1-30 Zones may be floodproofed in-lieu of elevation, provided all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are made 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.

(c)

For AO Zones, the floodproofing elevation shall be in accordance with Section 6.4.4 F, Standards for Areas of Shallow Flooding (Zone AO). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Engineering Services Director as set forth in Section 6.4.2 B, Certification Requirements, along with the operational and maintenance plans.

2.

Manufactured Dwellings

(a)

New and replacement manufactured dwellings shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as established in this section.

(b)

Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by a certified engineered foundation system, 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.

(c)

When the elevation would be met by an elevation of the chassis 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 36 inches in height, an engineering certification is required.

(d)

All enclosures or skirting below the lowest floor shall meet the requirement of Section 6.4.3 B.3, Elevated Buildings.

(e)

An evacuation plan shall be developed for evacuation of 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 Engineering Service Director and the local Emergency Management Coordinator.

3.

Elevated Buildings Fully enclosed areas associated with new construction and substantially improved structures that are below the lowest floor shall comply with the following:

(a)

Not be designed or used for human habitation, but 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.

(b)

Be constructed entirely of flood resistant materials at least to the regulatory flood protection elevation.

(c)

Include, in Zones A, AO, AE, and A1-30, 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 shall be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

(1)

A minimum of 2 flood openings on different sides of each enclosed area subject to flooding;

(2)

The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area subject to flooding;

(3)

If a building has more than 1 enclosed area, each enclosed area shall have flood openings to allow floodwaters to automatically enter and exit;

(4)

The bottom of all required flood openings shall be no higher than 1 foot above the adjacent grade;

(5)

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)

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.

4.

Additions/Improvements

(a)

Not a Substantial Improvement

(1)

In cases where an addition or improvement to a pre-FIRM structure does not constitute a substantial improvement, the addition or improvement shall be designed to minimize flood damages and shall not render the pre-FIRM structure any more nonconforming with respect to the standards in this section.

(2)

In cases where an addition and/or improvement to a post-FIRM structure does not constitute a substantial improvement to the existing structure, then only the additions or improvements shall comply with the standards for new construction.

(3)

Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in a common wall shall require only the addition to comply with the standards for new construction.

(b)

Substantial Improvements In cases where an addition or improvement to a pre- or post-FIRM structure (whether in combination with interior modifications or not) do constitute a substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction.

5.

Recreational Vehicles Recreational vehicles shall either:

(a)

Be on site for fewer than 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

(b)

Meet all the requirements for new construction.

6.

Temporary Non-Residential Structures Temporary nonresidential structures shall not remain within the special flood hazard area for a time period exceeding 3 months. This time period may be renewed up to a maximum of 1 year.

7.

Accessory Structures

(a)

An accessory structure shall comply with the following:

(1)

Not be used for human habitation (including working, sleeping, living, cooking or restroom areas);

(2)

Not be temperature-controlled;

(3)

Be designed to have low flood damage potential;

(4)

Be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(5)

Be firmly anchored; and

(6)

Incorporate flood openings to facilitate automatic equalization of hydrostatic flood forces below regulatory flood protection elevation, if necessary.

(b)

An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate.

(c)

Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 6.4.2 B, Certification Requirements.

C.

Standards for Floodplains without Established Base Flood Elevations In addition to the standards in Section 6.4.3 A, General Standards, and Section 6.4.3 B, Specific Standards, development within the special flood hazard areas designated as Approximate Zone A and established in Section 6.4.1 B, Basis for Establishing Special Flood Hazard Areas, where no BFE is provided by FEMA, shall be subject to the following:

1.

No encroachments, including fill, new construction, substantial improvements or new development shall be allowed within a distance of 20 feet each side from top of bank or 5 times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge; and

2.

The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

(a)

When 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 section and the Ordinance and shall be elevated or floodproofed.

(b)

All subdivision, manufactured home park, and other development proposals shall provide BFE data if development is greater than 5 acres or has more than 50 lots/manufactured home sites. The BFE data shall be adopted by reference in accordance with Section 6.4.1 B, Basis for Establishing Special Flood Hazard Areas, and utilized in implementing this section.

(c)

When BFE data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood protection elevation.

D.

Standards for Riverine Floodplains with BFE, but Without Established Floodways or Non-Encroachment Areas In addition to the standards in Section 6.4.3 A, General Standards, and Section 6.4.3 B, Specific Standards, development along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, shall be subject to the following:

1.

Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the community.

E.

Floodways and Non-Encroachment Areas In addition to the standards in Section 6.4.3 A, General Standards, and Section 6.4.3 B, Specific Standards, development proposed in floodways or non-encroachment areas established by Section 6.4.1 B, Basis for Establishing Special Flood Hazard Areas, shall be subject to the following:

1.

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

(a)

It is demonstrated that 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 Engineering Services Director prior to issuance of floodplain development permit; or

(b)

A conditional letter of map revision (CLOMR) is approved by FEMA.

(c)

A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.

2.

If (E.1) above is satisfied, development shall comply with all applicable flood hazard reduction provisions of this section.

3.

No manufactured dwellings shall be permitted, except replacement manufactured dwellings in an existing manufactured dwelling park or subdivision, provided the following provisions are met:

(a)

The anchoring and the elevation standards of Section 6.4.3 B.2, Manufactured Dwellings; and

(b)

The no encroachment standard of (1) above.

F.

Standards for Areas of Shallow Flooding (Zone AO) In addition to the standards in Section 6.4.3 A, General Standards, and Section 6.4.3 B, Specific Standards, development located within the Special Flood Hazard Areas established in Section 6.4.1 B, Basis for Establishing Special Flood Hazard Areas, as shallow flooding areas shall comply with the following:

1.

The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2 feet, above the highest adjacent grade; or at least 2 feet above the highest adjacent grade if no depth number is specified;

2.

Nonresidential structures may, in-lieu of elevation, be floodproofed to the same level as required by subsection F.1 above 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.

3.

Certification is required in accordance with Section 6.4.2 B, Certification Requirements; and

4.

Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.