For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE OF WATER. The use of waters for stock watering, irrigation, and other farm purposes.
ANIMAL UNITS. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations. One hundred ANIMAL UNITS equals 70 dairy cows, 100 beef cattle, 250 hogs, 50 horses, 1,000 sheep, 5,500 turkeys, 3,000 chickens with liquid manure systems, 10,000 chickens with continuous overflow waterers, or 500 ducks.
BALANCE OF WATERSHED. The area adjoining and upstream of the critical area in the WS-II or WS-III watersheds.
BEST MANAGEMENT PRACTICES (BMPs). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
BUILT-UPON AREA (IMPERVIOUS AREA). Includes the portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g., roads, parking lots, paths), recreation facilities (for example, tennis courts), and the like. (Note: wooden slatted decks and the water area of a swimming pool are considered pervious.)
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments. For the purpose of this chapter, planned unit development and mixed use development are considered as CLUSTER DEVELOPMENT.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the CRITICAL AREA as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the CRITICAL AREA if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
DEVELOPMENT. Any land-disturbing activity which adds to the amount of impervious or partially impervious cover on a land area, or which otherwise decreases the infiltration of precipitation into the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment, and in which the leachate is treated on-site and discharged to a receiving stream.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under state zoning law as of the effective date of this chapter.
HAZARDOUS MATERIAL. Any substance listed as such in: SARA (Superfund Amendments and Reauthorization Act § 302, Extremely Hazardous Substances, being 42 U.S.C. § 11002), CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980, Hazardous Substances, being 42 U.S.C. Part 9601(14)), or § 311 of CWA (Clean Water Act, Oil and Hazardous Substances, being 33 U.S.C. Part 1321).
INDUSTRIAL DEVELOPMENT. Any nonresidential development that requires an NPDES (national pollutant discharge elimination system) permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A, Article 9. For the purpose of this chapter, this term does not include composting facilities.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture, and silviculture.
PROTECTED AREA. The area adjoining and upstream of the critical area in a WS-IV watershed. The boundaries are defined as ten miles upstream and draining to the intake located directly in the stream or river.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like, and their associated outbuildings such as garages, storage buildings, gazebos, and the like, and customary home occupations.
RESIDENTIAL DEVELOPMENT, SINGLE-FAMILY. Any development where:
(1) No building contains more than one dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than one dwelling unit.
STREAM BUFFER. An area of natural or planted perennial vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off-spring or other adverse health effects.
VARIANCE, MAJOR WATERSHED. A major variance would completely eliminate a management requirement, or reduce a management requirement by more than 10%. A major variance shall be reviewed by the County Board of Adjustment and by the State Environmental Management Commission.
VARIANCE, MINOR WATERSHED. Any reduction not considered a major one. It shall be reviewed and approved by the County Board of Adjustment as specified in § 155.260.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires a access to, or proximity to, or located within, surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not WATER DEPENDENT STRUCTURES.
WATERSHED. The entire land area contributing surface drainage to a specific point (for example, the water supply intake.)
(1996 Code, § 151.01) (Ord. passed 12-20-1993; Ord. passed 10-21-1997)