STANDARDS

Winston-Salem Code of Ordinances ch. 75, art. IV, div. 3

in effect

Winston-Salem Code of Ordinances § 75-301 General standards.

Sec. 75-301. - General standards. All development and redevelopment to which this ordinance applies shall comply with the standards of this section for both quality and quantity. (a) Best available technology/information. The best available technology and information shall be used for analysis and design of a stormwater management system to meet the requirements of this ordinance. (b) Stormwater management in perpetuity. The approval of the stormwater management permit shall constitute an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions and protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (c) Operations and maintenance plan. The owner shall provide an operations and maintenance plan, as well as an agreement and contractual lien for the approved stormwater management system, for review and approval by the stormwater director. Once approved by the stormwater director, the operations and maintenance plan shall be implemented by the owner. (d) Additional requirements. As part of the approval process, the stormwater director may impose additional requirements related to a proposed stormwater management system to address such issues as maintenance, drainage, inspection, operation, access easements, and restrictive covenants to ensure compliance with this ordinance. (e) Low-impact development practices. Owners of development and redevelopment projects are hereby encouraged to use low impact development (LID) practices where practicable that will aid stormwater quality and quantity management by reducing impervious surfaces, increasing the use of natural conveyances, maintaining natural vegetation areas, increasing infiltration of surface waters to replenish ground waters, and conserving stormwater for alternative compatible uses. (f) Regional stormwater control facilities. The use of regional stormwater control facilities may be allowed when space is available, in order to treat multiple parcels of land which are subject to the provisions of this ordinance. Regional facilities may be allowed as joint ventures between private entities and/or public and private entities. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-302 Standards for stormwater quality management.

Sec. 75-302. - Standards for stormwater quality management. (a) Development standards for low-density projects. Low-density projects shall comply with each of the following standards: (1) Stormwater runoff from the development or redevelopment shall be transported from the development or redevelopment by vegetated conveyances to the maximum extent practicable. (2) Other than for those limited exceptions set out in paragraph (3) below, all BUA for every development or redevelopment shall be set back in accordance with the standards labeled "Required Landward Buffer Widths" and "Undeveloped Buffer", at a minimum, as stated in the Table 1 below, as measured from the top of the stream bank of all perennial and intermittent surface waters. Table 1 Development or Redevelopment Size | Required Landward Buffer Widths | Undisturbed Buffer Widths (Within Landward Buffer) 0—10 Acres | 30 Feet | 15 Feet 10—50 Acres | 50 Feet | 25 Feet Greater than 50 Acres | 100 Feet | 50 Feet (3) Right-of-way crossings, below ground level utility crossings or encroachments, and greenways, if approved pursuant to a stormwater management permit or pursuant to a development or a redevelopment site plan, may be located within the landward buffer. Other than approved right-of-way and utility crossings, these exceptions to the landward buffer may not be located within the undisturbed buffer. (4) A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), or is determined by the city or the division to exist in the field. An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A North Carolina Administrative Code 2B .0233(3)(a) or similar site-specific determination made using division-approved methodology. (b) Development standards for high-density projects. High-density projects shall implement stormwater control measures that comply with each of the following standards: (1) The stormwater management systems shall control and treat stormwater runoff volume leaving the project site for the first one inch of rain. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours. (2) High-density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. (3) All stormwater management systems used to meet the requirements of this ordinance shall be designed to have a minimum of 85 percent average annual removal for total suspended solids; (4) General engineering design criteria for all projects shall be in accordance with 15A North Carolina Administrative Code 2H .1008(c), as explained in the design manual; (5) Other than for those limited exceptions set out in paragraph (6) below, all BUA for every development or redevelopment shall be set back in accordance with the standards labeled "Required Landward Buffer Widths" and "Undeveloped Buffer", at a minimum, as stated in the Table 1 below, as measured from the top of the stream bank of all perennial and intermittent surface waters. Table 1 Development or Redevelopment Size | Required Landward Buffer Widths | Undisturbed Buffer Widths (Within Landward Buffer) 0—10 Acres | 30 Feet | 15 Feet 10—50 Acres | 50 Feet | 25 Feet Greater than 50 Acres | 100 Feet | 50 Feet (6) Right-of-way crossings, below ground level utility crossings or encroachments, and greenways, if approved pursuant to a stormwater management permit or pursuant to a development or a redevelopment site plan, may be located within the landward buffer. Other than approved right-of-way and utility crossings, these exceptions to the landward buffer may not be located within the undisturbed buffer. (7) A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), or is determined by the city or the division to exist in the field. An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A North Carolina Administrative Code 2B .0233(3)(a) or similar site-specific determination made using division-approved methodology. (c) Water-borne trash and debris. To reduce the amount of water-borne trash and debris, the owner shall develop, implement and maintain an approved trash and debris collection and disposal program for the development or redevelopment. (d) Oxygen depleting organic material. To reduce the oxygen depleting impacts of organic material decay on receiving waters, the owner shall develop, implement and maintain an approved leaf and vegetation collection and disposal program for the development or redevelopment. (e) Water supply watershed regulations compliance. On-site stormwater management for water quality purposes shall meet all pertinent regulations associated with the water supply watershed regulations. (f) Jurisdictional waters regulations compliance. Any proposed impacts to jurisdictional wetlands and/or jurisdictional waters of the United States shall be reviewed and approved by appropriate regulatory agencies such as the U.S. Army Corps of Engineers (wetlands - Clean Water Act, Section 404) and the department or division (water quality certification - Clean Water Act, Section 401). Proof of compliance with this requirement shall be provided by the owner before the building inspector shall issue a certificate of compliance. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-303 Standards for stormwater quantity management.

Sec. 75-303. - Standards for stormwater quantity management. If a project has been found to require mitigation of stormwater quantity impacts following review per subsection 75-203(b), and in order to mitigate adverse impacts of stormwater runoff from a development or redevelopment, the stormwater management system prepared by the owner shall be designed to meet the criteria described in this section and shall satisfy the review criteria set forth in subsection 75-203(b). (a) Design storm events. The quantity of stormwater runoff from a development or redevelopment shall be based on the two-year, ten-year, and 25-year storm events, of minimum six-hour duration. Depending upon site conditions, storm duration may be lengthened. (b) Peak discharge control. Post construction peak discharge rates in the two-year, ten-year, and 25-year storm events shall be controlled so as not to exceed pre-development or pre-redevelopment peak discharge rates for the same storm events. (c) Volume control. A stormwater runoff volume equal to the difference between the pre-development or pre-redevelopment and post construction volume for the 25-year event, six-hour duration, shall be detained on site so that the detention basin(s), or other appropriate structural BMP, releases detained stormwater over a period of at least 48 hours (two days) and no longer than 120 hours (five days). (d) 100-year flood potential. The development or redevelopment shall not increase flooding impacts to structures on properties upstream and downstream of the site during a 100-year flood event. (e) Protection of point of discharge. Discharge from any on-site stormwater management system into any natural or surface drainage channel or feature, shall be designed and constructed so that the discharge does not cause damage to the receiving system. (f) Protection of receiving channels and water bodies. Receiving natural channels and water bodies (on-site and/or off-site) shall be evaluated to ensure that downstream conveyances are not eroded and/or degraded by altered stormwater flows from development or redevelopment. Mitigation measures shall be implemented where the volume of runoff from a post construction, two-year, one-hour rainfall event is ten percent greater than the volume of runoff from a pre-development or pre-redevelopment, two-year, one-hour rainfall event. Acceptable mitigation alternatives include on-site detention to reduce post construction runoff rates and volumes and natural channel stabilization measures to control channel degradation. Where allowed by other state and federal agencies (e.g. U.S. Army Corps of engineers and the department), armoring of receiving channels is permissible. (g) Design of water impounding structures (dams). Any proposed water impounding structure (dam) shall be designed in accordance with North Carolina Dam Safety standards, and if required, shall be reviewed and approved by the North Carolina Dam Safety Engineer. Proof of compliance with this requirement shall be provided by the applicant before the building inspector may issue a certificate of compliance. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-304 Reserved.

Winston-Salem Code of Ordinances § 75-305 Standards for stormwater control measures.

Sec. 75-305. - Standards for stormwater control measures. (a) Evaluation according to contents of design manual. All stormwater management systems required under this ordinance shall be evaluated by the stormwater director according to the policies, criteria, information, including technical specifications and standards, and the specific design criteria for each stormwater practice found in the design manual. The stormwater director shall determine whether they will be adequate to meet the requirements of this ordinance. (b) Determination of adequacy; presumptions and alternatives. Stormwater management systems that are designed, and constructed, and maintained in accordance with the criteria and specifications in the design manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an owner proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the owner shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance. The stormwater director may require the owner to provide such documentation, calculations, and examples as necessary for the stormwater director to determine whether such an affirmative showing is made. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-306 Variances.

Sec. 75-306. - Variances. (a) Variance petition. (1) Any person may petition the stormwater director for a variance granting permission to use land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of the following: a. Unnecessary hardships would result from strict application of this ordinance. b. The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. c. The hardships did not result from actions taken by the petitioner. d. A lack of practical alternatives which may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in a less adverse impact to surface waters. e. The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will secure public safety and welfare; and will preserve substantial justice. (2) Not withstanding subsection (a)(1) of this section, variances shall be granted from the requirement that a BUA be 30 feet landward of all perennial and intermittent surface waters in any of the following instances: a. When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of structural BMPs; or b. When there is a lack of practical alternatives to locate an element of the stormwater management system or to locate an easement to locate, construct and maintain a utility service, including, but not limited to, water, sewer, or gas, as long as the stormwater management system or utility is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize the disturbance to the surface waters, to provide maximum nutrient removal, to protect against erosion and sedimentation, to have the least adverse effects on aquatic life and habitat, and to protect the water quality to the maximum extent practicable through the use of structural BMPs. (b) Variance conditions and safeguards. The stormwater director may impose reasonable and appropriate conditions and safeguards upon any variance it grants to ensure compliance with this ordinance. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-307 Onsite wastewater.

Sec. 75-307. - Onsite wastewater. (a) Operation and maintenance requirements. New or replaced onsite systems for domestic wastewater treatment that are installed after the effective date of this ordinance shall be subject to the same requirements for operation and maintenance as are stormwater management systems, including, at a minimum, annual inspection reports and a recorded operation and maintenance agreement, pursuant to division 4 of this ordinance. (b) Standards for operation and maintenance. Domestic wastewater treatment systems located within a development or redevelopment covered by this ordinance shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including nutrient contamination of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet the standards of this ordinance, and the seepage shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or groundwater. (Ord. No. 4618, § 1, 5-19-08)

Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH75STMA_ARTIVPOCOST_DIV3STFetched: 11/1/2026