Sec. 14-384. - Definitions.
   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   Applicant means an owner or developer of a site who executes the stormwater permit application pursuant to this article and is considered the applicant.
   Best management practices (BMPs) means a wide range of practices that have been demonstrated to effectively manage the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. BMPs can be structural (detention ponds, wetlands, etc.) or nonstructural (reduced road pavement width, cluster development, etc.).
   Channel bank means the location of the upper edge of the active channel above which the water spreads into the overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank is not well defined, the channel bank shall be considered the edge of the waterline.
   Design storm means the specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the stormwater design manual.
   Development means any of the following actions taken by a public or private individual or entity:
   (1)   The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other divisions by plat or deed; or
   (2)   Any land change, including, without limitation, clearing, tree removal, grubbing, stripping, dredging, grading, excavating, transporting and filling of land.
   Drainage structures include swales, channels, storm sewers, curb inlets, yard inlets, culverts and other structures designed to convey stormwater.
   Existing development means an individual nonresidential site with site plan approval by the planning department or a nonresidential or residential subdivision with preliminary subdivision approval from the planning board.
   Illegal discharge means any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the state or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the state and constitutes an illegal discharge.
   Impervious surface means a surface composed of any material that impedes or prevents natural infiltration of water into the soil. Gravel areas shall be considered impervious.
   Land disturbance means removal of topsoil, grubbing, stump removal and/or grading.
   Natural drainageway means an incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a natural drainageway unless the constructed channel was a natural drainageway that has been relocated, widened, or otherwise improved.
   New development means as follows:
   (1)   Any activity that disturbs more than one acre of land or creates more than 17,000 square feet of impervious surfaces for a single-family or duplex residential development, recreational facility, or multifamily, institutional, commercial or industrial development; and
   (2)   New development shall not include mining, agricultural or forestry activities.
   Riparian buffer means an area of trees, shrubs, or other forest vegetation, that is adjacent to surface waters. For purposes of this article, surface water shall be present if the feature is approximately shown on either the most recent version of the county soil survey report prepared by the NRCS or the most recent version of the 1:24,000 scale (7.5 min.) quadrangle topographic maps prepared by the United States Geological Survey. Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this article, except as noted in section 14-103.
   Stormwater means flow resulting from and occurring after any form of precipitation.
   Stormwater administrator means the person designated by the county manager to have authority to review and approve stormwater permits and stormwater management plans. The stormwater administrator shall also be responsible for inspecting development and enforcing the provisions of this article.
   Stormwater conveyance system or structure means any feature, natural or manmade, that collects and transports stormwater, including, but not limited to, roadways with collection systems, catch basins, manmade and natural channels, streams, pipes and culverts, and any other structure or system designed to transport runoff.
   Stormwater design manual means the manual of design, performance, and review criteria adopted by the board of commissioners for the administration of the stormwater program.
   Vegetative buffer means an area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants.
   Vested rights for stormwater shall be based upon the following criteria:
   (1)   Having an outstanding valid building permit in compliance with G.S. 160D-108 and 160D-108.1; or
   (2)   Having an approved site specific or phased development plan in compliance with G.S. 160D-108 and 160D-108.1.
Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application or residuals and road construction activities, shall be considered to have vested rights if a state permit was issued prior to the effective date of the adoption of the revised stormwater ordinance from which this article is derived.
   Water dependent structures means those structures that require the access or proximity to, or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not considered water-dependent structures.
(Ord. of 7-10-2000, § 9.3; Ord. of 1-2-2001, § 9.3; Amend. of - - )
   Cross reference—Definitions generally, § 1-2.