The following definitions include those applicable to both the Flood Damage Prevention and Water Supply Watershed regulations, specifically, as well as all natural resources regulations, generally, of this chapter.
(A) Natural resources acronyms.
A | Flood Zone A |
AE | Flood Zone AE |
AO | Flood Zone AO |
BFE | Base flood elevation |
BMP | Best management practices |
FEMA | Federal Emergency Management Agency |
FBFM | Flood Boundary and Floodway Map |
FHBM | Flood Hazard Boundary Map |
FIRM | Flood Insurance Rate Map |
FIS | Flood insurance study |
HAG | Highest adjacent grade |
LAG | Lowest adjacent grade |
NFIP | National Flood Insurance Program |
NAVD | North American Vertical Datum |
NGVD | National Geodetic Vertical Datum |
NPDES | National pollution discharge elimination system |
RFPE | Regulatory flood protection elevation |
SFHA | Special flood hazard area |
SNIA | Special nonresidential intensity allocation |
WS | Watershed |
WSE | Water surface elevation |
X | Flood Zone X |
X500 | Flood Zone X500 |
(B) Natural resources definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure, which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban ACCESSORY STRUCTURES. Pole barns, hay sheds, and the like qualify as ACCESSORY STRUCTURES on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION. An extension or increase in the floor area or height of a building or structure.
AGRICULTURAL USE. For purposes of §§ 153.260 through 153.262, the use of waters for stock watering, irrigation, and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of §§ 153.245 through 153.248.
AREA OF SHALLOW FLOODING. A designated Zone AO on the Harnett County Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).
BASEMENT. Any area of the building having its floor subgrade (below ground level) on more than one side.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). A determination as published in the Flood Insurance Study of the water surface elevations of the base flood. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal or state or other source using FEMA approved engineering methodologies. This elevation, when combined with the freeboard, establishes the regulatory flood protection elevation.
BEST MANAGEMENT PRACTICES (BMP). A structural or non-structural management based practice which uses singularly or combination of methods to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
BUFFER. For purposes of §§ 153.260 through 153.262, an area of natural or planted 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.
BUILDING. For purposes of §§ 153.260 through 153.262, any structure having a roof supported by columns or by walls, and intended for shelter, housing, or enclosure of persons, animals, or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one BUILDING. (Also see STRUCTURE)
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas, recreation facilities, and the like. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
CHEMICAL STORAGE FACILITY. A building, portion of the building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
CLUSTER DEVELOPMENT. For purposes of §§ 153.260 through 153.262, the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivision and multifamily developments that do not involve the subdivision of land. Any development with 10% or greater amount of open space.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass, and untreated wood collected from land clearing or landscaping operations is deposited.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than the remaining portions of the watershed. The CRITICAL AREA is defined as:
(a) 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
(b) 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).
DEVELOPMENT, FLOOD DAMAGE PREVENTION. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT, EXISTING WATER SUPPLY WATERSHED. For projects that do not require a state permit, EXISTING DEVELOPMENT shall mean a project that, at a minimum, has established a vested right under state zoning law as of the effective date of §§ 153.260 through 153.262 based on at least one of the following criteria:
(a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(b) Having an outstanding valid building permit as authorized by G.S. Chapter 160D; or
(c) Having an approved site specific or phased development plan as authorized by the state general statutes.
DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ELEVATED BUILDING. A non-basement building which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EROSION, ACCELERATED. The increased rate and intensity of natural erosion caused by human-made disturbances.
EROSION, NATURAL. The wearing away of the earth’s surface by water, wind, and other natural agents under natural environmental conditions undisturbed by humans.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of the county, issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
FLOOD HAZARD AREA. The minimum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year) as identified by the federal insurance administration on flood hazard area boundary maps dated September 18, 2006 or as amended.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of the county, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as Zone AE.
FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). An official map of Harnett County, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The FLOOD INSURANCE STUDY report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA. See FLOODPLAIN.
FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
FLOOD ZONE, A. An area inundated by 100-year flooding, for which no BFEs have been established.
FLOOD ZONE, AE. An area inundated by 100-year flooding, for which BFEs have been determined.
FLOOD ZONE, AO. An area inundated by 100-year flooding (usually sheet flow on sloping terrain), for which average depths have been determined; flood depths range from one to three feet.
FLOOD ZONE, X. An area that is determined to be outside the 100- and 500-year floodplains.
FLOOD ZONE, X500. An area inundated by 500-year flooding; an area inundated by 100-year flooding with average depths of less than one foot or with drainage areas less than one square mile; or an area protected by levees from 100-year flooding.
FLOODPLAIN or FLOOD PRONE AREA. Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of §§ 153.245 through 153.248, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventative measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the flooplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN REGULATIONS.
(a) The regulations contained in §§ 153.245 through 153.248, any other section of this chapter, local or state building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas.
(b) This term describes federal, state, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood (100-year flood event) without cumulatively increasing the water surface elevation more than one foot.
FREEBOARD. The height added to the base flood elevation (BFE) to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The FREEBOARD plus the base flood elevation establishes the regulatory flood protection elevation.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY. A facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in the state general statutes.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government (CLG Program); or
(d) Certified as contributing to the historical significance of a historic district designated by a community with a Certified Local Government (CLG Program).
INDUSTRIAL DEVELOPMENT. Any nonresidential development that requires an NPDES 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 disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility, or a surface storage facility in accordance with G.S. § 130A-290. For the purpose of §§ 153.260 through 153.262, this term does not include composting facilities.
LANDFILL, DISCHARGING. A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.
LOT. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory building together with yards, open spaces, lot width, and lot area is required.
LOT, EXISTING (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds prior to the adoption of §§ 153.260 through 153.262, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of §§ 153.260 through 153.262.
LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building. For Zones AE and AO, use the natural grade elevation prior to construction.
LOWEST FLOOR. Lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of §§ 153.245 through 153.248.
MANUFACTURED HOME. For purposes of §§ 153.245 through 153.248, a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION. For purposes of §§ 153.245 through 153.248, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. For purposes of §§ 153.245 through 153.248, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before April 16,1990.
MARKET VALUE. The building value, excluding the land value and that of any accessory structures or other improvements on the lot, established by independent certified appraisal, replacement cost depreciated by age of building and quality of construction (actual cash value), or adjusted tax assessed values.
MEAN SEA LEVEL. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing various elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after April 16, 1990 and includes any subsequent improvements to the structures.
NONCONFORMING BUILDING OR DEVELOPMENT. Any legally existing building or development which fails to comply with the current provisions of §§ 153.245 through 153.248.
NON-ENCROACHMENT AREA. The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture, and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
POST-FIRM. Construction or other development which started on or after the effective date of the initial Flood Insurance Rate Map for the area.
PRE-FIRM. Construction or other development which started before the effective date of the initial Flood Insurance Rate Map for the area.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
PROTECTED AREA. The area adjoining and up stream of the critical area of the Watershed IV (WS-IV). The boundaries of the PROTECTED AREA are defined as:
(a) Within five miles of and draining to the normal pool elevation of the reservoir or to the ridge-line of the watershed; or
(b) Within ten miles upstream and draining to the intake located directly in the stream or river or to the ridge-line of the watershed.
PUBLIC NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV). A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Not designed use as a permanent primary dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
REFERENCE LEVEL. The portion of a structure or other development that shall be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within special flood hazard areas designated as Zone A1-A30, AE, A, A99, or AO, the REFERENCE LEVEL is the top of the lowest floor or bottom of lowest attendant utility including ductwork, whichever is lower.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). The elevation, in relation to mean sea level, to which the reference level of all structures and other development located within special flood hazard areas shall be protected. Where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. Where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION. To bring the structure or other development into compliance with state and county flood damage prevention regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two or more separate occasions during any ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, gazebos, and customary home occupations.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SALVAGE OR JUNK YARD. Any nonresidential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances, and related machinery.
SINGLE-FAMILY DWELLING. For purposes of the regulations in §§ 153.260 through 153.262, a site built structure, a modular structure to the North Carolina State Building Code requirements, or a manufactured home built to HUD requirements located on individual lots or within manufactured home parks.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).
SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 153.246(B).
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or improvement was within 180 days of the permit date. The actual START means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Permanent construction does not include:
(a) Land preparation, such as clearing, grading, and filling;
(b) The installation of streets and/or walkways;
(c) Excavation for a basement, footings, piers or foundations, or the erection of temporary forms; and/or
(d) The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STORMWATER CONTROL MEASURE. For the purpose of this chapter, a stormwater control measure shall be any effort taken to aid in containing or controlling existing, planned, or future drainage at a site, including but not limited to retention ponds.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
SUBDIVIDER. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as defined by this chapter.
SURFACE WATER. Surface water is present if the feature is 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).
STRUCTURE, FLOOD DAMAGE PREVENTION. For purposes of the regulations in §§ 153.245 through 153.248, includes but is not limited to a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground. For floodplain management purposes, principally above ground means that at least 51% of the actual cash value of the structure is above ground.
STRUCTURE, WATER SUPPLY WATERSHED. 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.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one year period where the cost of restoring the structure to its condition before damaged would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period for which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any correction of existing violations of state or county health, sanitary, or safety code specifications which have been identified by the County Building Code Administrator and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
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 the organisms or their off spring, or other adverse health effects.
VARIANCE. For purposes of the regulations in §§ 153.260 through 153.262, a permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.
1. The relaxation, by a factor of more than 10%, of any management requirement that takes the form of a numerical standard; and/or
2. Petitions to increase built upon percentage greater than 10%.
VIOLATION. For purposes of the regulations in §§ 153.245 through 153.248, the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 153.247 and § 153.248 is presumed to be in VIOLATION until the time as that documentation is provided.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to, proximity to, or citing 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.
WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level (existing grade in case of Zone AO), of floods of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)
(Ord. passed 10-17-2011; Res. passed 11-16-2020)