For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCELERATED EROSION. Any increase over the rate of natural erosion as a result of land-disturbing activity.
ACT. The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.
ADEQUATE EROSION CONTROL MEASURE, STRUCTURE, OR DEVICE. One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.
AFFILIATE. A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person.
BEING CONDUCTED. A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.
BORROW. Fill material, which is required for on-site construction and is obtained from other locations.
BUFFER ZONE. The strip of land adjacent to a lake or natural watercourse.
COMMISSION. The North Carolina Sedimentation Control Commission.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT. No further land disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
DEPARTMENT. The North Carolina Department of Environment and Natural Resources.
DIRECTOR. The Director of the Division of Land Resources of the North Carolina Department of Environment and Natural Resources.
DISCHARGE POINT. That point at which run-off leaves a tract of land.
DISTRICT. The Kings Mountain Stormwater District created pursuant to G.S. Chapter 139.
ENERGY DISSIPATER. A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.
EROSION. The wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
FINAL CERTIFICATE OF OCCUPANCY. The document required by the North Carolina State Building Code certifying that a new building shall not be occupied or a change made in occupancy, nature or use of a building until after all required building and services systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the Kings Mountain Code Enforcement Department.
GROUND COVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
HIGH QUALITY WATERS. Those waters classified as such in 15A NCAC 2B.0101(e)(5), General Procedures, which is incorporated herein, by reference, to include further amendments.
HIGH QUALITY WATER (HQW) ZONES. Areas in the coastal counties that are within 575 feet of high quality waters and for the remainder of the state areas that are within one mile and drain to HQW's.
KINGS MOUNTAIN ENVIRONMENTAL REVIEW BOARD. The Kings Mountain, North Carolina Soil Erosion & Sedimentation Control Ordinance Environmental Review Board.
LAKE OR NATURAL WATERCOURSE. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
LAND-DISTURBING ACTIVITY. Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
LOCAL GOVERNMENT. The City of Kings Mountain.
MAY. Contingent upon the discretion of the Stormwater Division Director.
NATURAL EROSION. The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.
PARENT. An affiliate that directly, or indirectly through one or more intermediaries, controls another person.
PERSON. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
PERSON CONDUCTING LAND-DISTURBING ACTIVITY. Any person who may be held responsible for a violation unless expressly provided otherwise by this chapter, the Act, or any other order adopted pursuant to this chapter or the Act.
PERSON RESPONSIBLE FOR THE VIOLATION. As used in this chapter, and G.S. § 113A-64, means:
(1) The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or Kings Mountain, North Carolina Soil Erosion and Sedimentation Control Ordinance.
(2) The landowner or person in possession or control of the land when he or she has directly or indirectly allowed the land-disturbing activity or has benefited from it or he has failed to comply with any provision of this chapter, the Act, or any order adopted pursuant to this chapter or the Act as imposes a duty upon him.
PHASE OF GRADING. One or two types of grading, rough or fine.
PLAN. An Erosion and Sedimentation Control Plan.
RECURRING VIOLATION. A violation that has not been corrected within the time specified by the Stormwater Division, or, a reoccurrence of a violation from which a previous notice has been issued, notwithstanding natural occurrences exceeding design requirements.
SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.
SEDIMENTATION. The process by which sediment, resulting from accelerated erosion, has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
SHALL. A requirement.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
STORMWATER RUN-OFF. The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting.
SUBSIDIARY. An affiliate that is directly, or indirectly, through one or more intermediaries, controlled by another person.
TEN-YEAR STORM. The surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of run-off, from the watershed of interest under average antecedent wetness conditions.
TRACT. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
TWENTY-FIVE YEAR STORM. The surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions.
UNCOVERED. The removal of ground cover from, on, or above the soil surface.
UNDERTAKEN. The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.
VELOCITY. The average speed of flow through the cross-section of the main channel at the peak flow of the storm of interest. The cross-section of the main channel shall be that area defined by the geometry of the channel plus the area of the flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.
WASTE. Surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations.
WORKING DAYS. Days, exclusive of Saturday and Sunday, during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.
(Ord. 13-34, passed 11-26-2013)