What developments or redevelopments may be exempt from some, or all, of the provisions of the City of Winston-Salem’s Post Construction Stormwater Management ordinance?

There are a number of exemptions which may be applicable to site developments or redevelopments. They are as follows: 

  1. Developments that cumulatively disturb less than one acre during construction and are not part of a large common plan or phased development are exempt from the water quality provisions of the ordinance
  2.  A development that creates less than 20,000 sq.ft. of a net increase in impervious area above and beyond what already existed on the site before the development or redevelopment took place is exempt from the water quantity provisions of the ordinance
  3.  Any redevelopment activity for which the proposed impervious area is equal to or less than the preexisting impervious area shall be exempt from all the provisions (quality and quantity) of the ordinance
  4.  Activities exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities)
  5.  For any development or redevelopment that cumulatively disturbs less than 3 acres, is not part of a large common plan of development, redevelopment or sale and is less than 24% impervious, then the standards for Stormwater quantity management shall be limited to controlling only the peak rates for the two and ten year design storms.

Show All Answers

1. What ordinance regulates Post Construction Stormwater Management in the City of Winston-Salem?
2. Are all developments subject to requiring a permit or providing post construction Stormwater management controls?
3. Does the City of Winston-Salem review plans for Post Construction Stormwater permitting in the County and in other municipal areas such as Clemmons, Kernersville etc.?
4. What developments or redevelopments are excluded from the City of Winston-Salem’s Post Construction Stormwater Management ordinance provisions and therefore would not be required to apply for a permit
5. What constitutes “substantial progress”?
6. What developments or redevelopments may be exempt from some, or all, of the provisions of the City of Winston-Salem’s Post Construction Stormwater Management ordinance?
7. Are there any development projects or activities that are not subject to this ordinance?
8. What developments or redevelopments are subject to adhering to some or all of the provisions of the post construction Stormwater management ordinance provisions?
9. When are the quality provisions of the ordinance applicable to developments that are not exempt or excluded?
10. When is a development considered low density and thus must only comply with the ordinance low density water quality provisions?
11. When is a development considered high density and thus must comply with the ordinance high density water quality provisions?
12. How is project density percentage determined?
13. When is a development subject to the water quantity provisions of the ordinance?
14. What constitutes impervious area or built upon area?
15. What are examples of surfaces that would not be considered impervious or built upon area?
16. Is existing impervious area required to be managed or treated?
17. What is the design manual that the City of Winston-Salem references and adheres to for Stormwater Management Plan designs?
18. What does SCM or BMP mean?
19. If a development is considered low density in regards to water quality is management required?
20. When and where do stream buffers apply and what are the requirements for such buffers?
21. What is considered a perennial or intermittent stream or conveyance?
22. If a development is considered high density in regards to water quality is management required?
23. What are some examples of primary SCM’s?
24. If a development exceeds 20,000 sq.ft. in net new impervious area and the water quantity provisions apply, is management required?
25. What constitutes a no adverse impact study?
26. The no adverse impact study must assess impacts to a suitable point downstream. Where or how far downstream is this point located?
27. If management is to be provided for quantity what are the design storm events that must be managed or attenuated?
28. What type of SCM’s can be used to attenuate for these quantity requirements?
29. Is there a variance procedure allowed for in cases where it’s impossible to treat or capture all proposed impervious area or in cases where for example its impossible not to avoid an impact to a buffe
30. Is there a financial surety required for permitted Stormwater management systems?
31. When and how is the developer’s surety amount determined?
32. When and how is the HOA or POA’s, whichever is applicable, cost for their future surety funds determined?
33. Is there an Operation and Maintenance Agreement required as part of permitting?
34. What constitutes an Operation and Maintenance (O&M) Agreement?
35. When is a Post Construction Stormwater Management permit issued?
36. Once a development that has a Stormwater management system construction is complete what does the owner/engineer have to do to continue to satisfy their permit?
37. How often must an owner inspect the system?
38. Who should carry out the inspections?
39. Are there any other Agreements other than an Operation and Maintenance Agreement required as part of permitting?