For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1-YEAR, 24-HOUR STORM. Means the maximum amount of rainfall during a 24 consecutive hour period expected, on average, to occur once a year. One-year, 24-hour storm depths are estimated by the National Oceanic and Atmospheric Administration (NOAA) Precipitation Frequency Data Server (PFDS), which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at http://hdsc.nws.noaa.gov/hdsc/pfds/.
Statutory reference:
For state law as to definition, see 15A NCAC 021-1.1002(30).
AGRICULTURE. Any activities for the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grading of any or all the animals; bees and apiary products; and fur animals.
ANNUAL TOTAL NITROGEN (TN) LOADING. The amount of total nitrogen, in pounds, that enters a surface water in a given year.
APPROVED ACCOUNTING TOOL. The most recent version of the accounting tool for calculating nutrient loading and reduction approved by the division for the relevant geography and development type under review.
BEST MANAGEMENT PRACTICES (BMPs). Structural and nonstructural practices that reduce the amount of pollutants that enter surface waters.
BUILT-UPON AREA (BUA). Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
Statutory reference:
For state law as to definition, see N.C.G.S. § 143-214.7 (b2).
COMMISSION. The North Carolina Environmental Management Commission, in the Department.
DEPARTMENT. The North Carolina Department of Environmental Quality.
DESIGN MANUAL. The State Stormwater Design Manual approved by the Department for the proper implementation of the State Minimum Design Criteria for engineered stormwater controls. All references herein to the Design Manual are to the latest published edition or revision.
DEVELOPED PROPERTY. Real property that has been altered from its natural state by the addition and attachment of any improvements such as buildings, structures or other impervious area. For new construction, property shall be considered DEVELOPED PROPERTY upon final approval of site improvements by the city.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
Statutory reference:
For state law as to definition, see N.C.G.S. § 160D-102(11).
DEVELOPMENT. Any land-disturbing activity that increases the amount of built- upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built- upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law.
Statutory reference:
For state law as to definition, see N.C.G.S. § 143-214.7 (a1)(1).
DEVELOPMENT ACTIVITY. Any land-disturbing activity of a size described in § 53.05(B) taken by a public or private person or entity for development for which a building permit or the approval of a development plan is required.
The term includes, but is not limited to, clearing, grubbing, stripping, dredging, grading, excavating, or filling of land or tree or stump removal.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
Statutory reference:
For state law as to definition, see N.C.G.S. § 160D-102(13).
ENGINEERED STORMWATER CONTROL. A physical device designed to trap, settle out, filter, or otherwise remove pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Engineered stormwater control includes physical practices such as constructed wetlands, vegetative practices, vegetated conveyances, filter strips, grassed swales, and other methods installed or created on real property. "Engineered stormwater control" is synonymous with "structural practice," "Primary SCM", "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this chapter. It is a broad term that may include practices that do not require design by a professionally licensed engineer.
EQUIVALENT RESIDENTIAL UNIT (ERU). The total impervious area of a typical single-family residential property, which is determined as the median impervious area of a representative sample, as determined by the city, of all developed residential properties in the single-family residential category.
EXISTING DEVELOPMENT. Those projects that are built or those projects that have established a vested right under North Carolina law as of the effective date of the state stormwater program or applicable based on at least one of the following criteria:
(1) Expenditures or incurred contractual obligations substantial in amount, incidental to or as part of the acquisition of a building site or the construction or equipment of a proposed building, where the obligations and/or expenditures are incurred in good faith and are made in reasonable reliance on and after the issuance of a valid building permit authorizing the requested use; or
(2) Having an approved site specific or phased development plan in compliance with N.C.G.S. § 160D-108.1.
For projects that require a state permit, such as landfills, National Pollutant Discharge Elimination System wastewater discharges, land application of residuals, and road construction activities, EXISTING DEVELOPMENT means those projects that are built or those projects for which a state permit was issued prior to the date of adoption of this chapter.
Statutory reference:
For state law as to definition, see 15A NCAC 02FI.1002(18).
EXPANSION. Any modification or change in the use of property that would involve a building permit and that would cause an increase in impervious surface.
FORESTRY. Any activity undertaken on forest land for the production and harvesting of timber and timber products.
IMPERVIOUS SURFACES. Surfaces that generally do not allow precipitation to infiltrate into the soil, including, but not limited to, buildings, pavement, gravel roads, parking areas, and recreation facilities. Wooden-slatted decks and the water area of swimming pools are considered pervious surfaces.
LAND-DISTURBING ACTIVITY. Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.
Statutory reference:
For state law as to definition, see 15A NCAC 02B.02020(34).
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans.
Statutory reference:
For state law as to definition, see 15A NCAC 02H.1002(8).
LOAD. Means the mass quantity of a nutrient or pollutant released into surface waters over a given time period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or an equivalent "discharge load."
LOADING RATE. Means the mass quantity of a nutrient or pollutant released from a given area into surface waters over a given time period. Loading rate in this chapter refers to pounds of nitrogen or phosphorus per acre per year.
LOT AREA. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
MAJOR VARIANCE. A variance that is not a “minor variance” as that term is defined in this Rule.
MINIMUM DESIGN CRITERIA (MDC). The requirements set forth in this section for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. § 143-214.1.
Statutory reference:
For state law as to definition, see 15A NCAC 02H.1002(24).
MINOR VARIANCE. A variance from the minimum Neuse Stormwater rules that results in the relaxation of up to 10% of any vegetated setback, density, or minimum lot size requirement applicable to low density development, or the relaxation of up to 5% of any vegetated setback, density, or minimum lot size requirement applicable to high density development. For variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of built-upon area proposed to encroach within the vegetated setback divided by the total area of vegetated setback within the project.
NITROGEN. Means total nitrogen unless specified otherwise.
NUTRIENT, NUTRIENTS. Means the combination of total nitrogen and total phosphorus. Means the combination of total nitrogen and total phosphorus for the purpose of the nutrient rules of this section.
OFFSET PAYMENT. Money paid to the North Carolina Riparian Buffer Restoration Fund to compensate for annual total nitrogen loading levels above the allowable levels established by this chapter.
OUTFALL. A point at which stormwater:
(1) Enters surface water; or
(2) Exits the property of a particular owner.
OWNER. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. OWNER shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity.
PARCEL. Means the same as project in this list of definitions.
PERMANENT NUTRIENT OFFSET CREDITS. A nutrient load reduction credit that does not automatically expire. Permanent nutrient offset credits account for permanent nutrient load reductions resulting from permanently installed and maintained nutrient reduction practices. Permanent nutrient offset credits may be used for compliance with new development stormwater rules of this subchapter and may also satisfy other nutrient load reduction requirements as described in this subchapter. Nutrient offset credits are expressed in pounds of total nitrogen or total phosphorus per year.
Statutory reference:
For state law as to definition, see 15A NCAC 02B.0701(38).
PEAK DISCHARGE. The highest stormwater quantity expressed in cubic feet per second (cfs) for a given storm event.
PERSON. Includes individuals, firms, partnerships, associations, institutions, corporations, municipalities and other political subdivisions, and governmental agencies.
Statutory reference:
For state law as to definition, see 15A N.C.G.S. § 143-212(4).
PERVIOUS SURFACES. Surfaces that generally allow precipitation to infiltrate into the soil, including, but not limited to, lawns, gardens, forests, meadows, pastures, or landscaped areas.
PHOSPHORUS. Means total phosphorus unless specified otherwise.
POINT OF DISCHARGE. The point or points where concentrated stormwater runoff leaves a site.
POST-DEVELOPED CONDITIONS. The conditions that will exist on a given site after the site is developed.
PRE-DEVELOPED CONDITIONS. The conditions that exist on a given site prior to development of the site.
PRIMARY SCM. Means a wet pond, stormwater wetland, infiltration system, sand filter, bioretention cell, permeable pavement, green roof, rainwater harvesting, or an approved new stormwater technology that is designed, constructed and maintained in accordance with the MDC.
Statutory reference:
For state law as to definition, see 15A NCAC 02H.1002(37).
PROJECT. Means the proposed development activity for which an applicant is seeking a stormwater permit from the state or other entity in accordance with this section. PROJECT shall exclude any land adjacent to the area disturbed by the project that has been counted as pervious by any other development regulated under a federal, State, or local stormwater regulation. Owners and developers of large developments consisting of many linked projects may consider developing a master plan that illustrates how each project fits into the design of the large development.
Statutory reference:
For state law as to definition, see 15A NCAC 02H.1002(38).
PROPERTY OWNER. The person or entity who or which owns the land upon which any development activity occurs or, if the person or entity is not the owner of the land, the person or entity who or which controls the development activity. The term includes a homeowner’s association where the association owns and is responsible for the maintenance of any best management practices established pursuant to this chapter.
REDEVELOPMENT. Any land-disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control to that of the previous development.
Statutory reference:
For state law as to definition, see N.C.G.S.§ 143-214.7(a1)(2).
RUNOFF TREATMENT. Means that the volume of stormwater runoff generated from all of the built-upon area of a project at build-out during a storm of the required storm depth is treated in one or more primary SCMs or a combination of Primary and Secondary SCMs that provide equal or better treatment.
Statutory reference:
For state law as to definition, see 15A NCAC 02H. 1002(43).
RUNOFF VOLUME MATCH. Means that the annual runoff volume after development shall not be more than 10% higher than the annual runoff volume before development, except in areas subject to SA waters requirements per Rule 1019 of this section where runoff volume match means that the annual runoff volume after development shall not be more than 5% higher than the annual runoff volume before development.
Statutory reference:
For state law as to definition, see 15A NCAC 02H.1002(44).
SITE. The property upon which a development activity takes place.
SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
STORMWATER. The flow of water which results from precipitation and which occurs immediately following rainfall or a snowmelt.
Statutory reference:
For state law as to definition, see N.C.G.S. § 143-213(16a).
STORMWATER SYSTEM. All engineered stormwater controls and conveyances owned or controlled by a person that drain to the same outfall. A system may be made up of one or more engineered stormwater controls.
STORMWATER UTILITY SERVICE FEE. The monthly monetary amount charged to each parcel of real property for the services provided by the stormwater utility system and program as set forth in the city's fee schedule, a copy of which is located in the office of the City Clerk.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and includes all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by N.C. G.S. § 160D-802:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the local government as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the local government, as shown in its subdivision regulations; or
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under N.C.G.S. Chapter 29.
TIDALLY INFLUENCED STREAM. The portion of a stream that has a perennial water surface elevation that is generated by and fluctuates with the water surface elevation in the Neuse River/Pamlico Sound.
(1989 Code, § 17-2) (Ord. 01-02, passed 4-23-2001; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023; Ord. 23-O-11, passed 10-23-2023)