For the purposes of this chapter,, the following words and phrases shall have the meanings respectively ascribed to them by this section.
APPLICANT. An owner or developer of a site who executes the storm water permit application pursuant to this chapter.
BEST MANAGEMENT PRACTICES. Activities, practices and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States. BEST MANAGEMENT PRACTICES (BMPS) include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and the other provisions as the town determines appropriate for the control of pollutants. Please refer to the town’s Storm Water Technical Standards Manual for further information and for specific BMP requirements.
BONA FIDE FARM. Any tract of land containing at least one acre which is used for activities relating to production, and activities incidental to production of crops, fruits, vegetables, ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and shellfish, poultry and other agricultural products having a domestic or foreign market, and excludes commercial and industrial processing.
BUILDING. Any structure, either temporary or permanent, having walls and a roof, designed for a shelter of any person, animal or property.
BUILT-UPON AREA. The portion of a development that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas ( such as roads, parking lots, paths), recreation facilities (such as tennis courts), and the like. Slatted decks and the water area of a swimming pool or pond are considered pervious.
CHANNEL. A natural or artificial watercourse with a definite bed and banks that conducts flowing water.
CHANNEL BANK. 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 during a two-year frequency storm.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to National Pollutant Discharge Elimination System (NPDES) construction permits or the County Erosion and Sediment Control Program. These include construction projects resulting in land disturbance. The ACTIVITIES include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
DESIGN STORM. The specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the Storm Water Technical Standards Manual.
DEVELOPMENT. Any land disturbing activity, which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
DRAINAGE STRUCTURES. Includes swales, channels, storm sewers, curb inlets, yard inlets, culverts and other structures designed to convey storm water.
GRANDFATHERED RIGHTS. See VESTED RIGHTS.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof, which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by a government agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the town.
ILLICIT DISCHARGE. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring or other discharge of any substance other than storm water into a storm water conveyance system, the waters of the state or upon the land that the substance is likely to reach a storm water conveyance system or waters of the state constitutes an illegal discharge, except as exempted in § 153.055 of this chapter.
IMPERVIOUS SURFACE. Any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. The SURFACES may include, but not be limited to compacted earth, traffic-bearing gravel, concrete, asphalt or other paving material, and all area covered by the footprint of buildings or structures. Uncovered slatted decks and the water area of a swimming pool, pond or other water body are considered pervious.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14).
INTERMITTENT STREAMS. A natural drainage way, which shows up as a blue line on the most recent version of the USGS 7.5-minute quadrangle maps or as a demarcated stream on the most recent version of the maps of the Soil Survey of Rowan County from the U.S. Department of Agriculture, and has a contributing drainage area of 300 acres or less, shall be considered an intermittent stream for the purposes of this chapter.
LAND DISTURBING ACTIVITIES. The use of land by any person that results in a change in the natural cover or topography that may contribute to or alter the quantity and or quality of storm water runoff.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMITS. General, group and individual storm water discharge permits that regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act, being 33 U.S.C. §§ 1251 et seq.
NATURAL DRAINAGE WAY. An incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels as the as drainage ditches shall not be considered a NATURAL DRAINAGE WAY unless the constructed channel was a natural drainage way that has been relocated, widened or otherwise altered.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
OWNER. A property owner, his or her heirs, successors or assigns; a legal entity with control over the management of a property; or any other person or corporation that occupies a position that controls the operation, maintenance and/or repair to a property.
PERENNIAL STREAM. Streams that have essentially continuous flows or are shown as blue lines on the most recent version of the United States Geological Survey (USGS) 1:24,000 (7.5 min.) scale topographic maps or are demarcated on the most recent version of maps of the Soil Survey of Rowan County, prepared by the U.S. Department of Agriculture, and that have a contributing drainage area of more than 300 acres shall be considered a perennial stream for the purposes of this chapter.
POLLUTANT. Anything that causes or contributes to pollution. POLLUTANTS shall include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains and cooling waters; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a structure (including, but not limited to, sediments, slurries and concrete rinsates); and noxious or offensive matter of any kind.
POLLUTION. The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RIPARIAN BUFFER. An area of trees, shrubs or other vegetation that is adjacent to a natural drainage way or surface water. RIPARIAN BUFFERS reduce the impact of upland sources by trapping, filtering, and converting nutrients, sediments and other chemicals, and maintain the integrity of the natural drainage way. For the purposes of this chapter, a natural drainage way or surface water shall be present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5 min.) quadrangle topographic maps prepared by the United States Geological Survey (UGSG) or on the latest version of the Soil Survey of Rowan County as prepared by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS).
SHEET FLOW. The evert flow of water across the land surface so that there is no discernable concentration of water.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN. The graphic plans including narrative where appropriate, required by the state, by the county, and by the town as a prerequisite for a construction permit. The purpose of this plan is to explain existing conditions and proposed grading of land including any development and to describe the activities and measures to be undertaken to control soil erosion and sedimentation.
STORM DRAIN SYSTEM. Publicly-owned facilities operated by the town by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the town and are not part of a publicly-owned treatment works as defined in 40 C.F.R. § 122.2.
STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from atmospheric precipitation.
STORM WATER ADMINISTRATOR. The person designated by the Town Administrator of the town to have authority to review and approve storm water permits and storm water management plans. The Storm Water Administrator shall also be responsible for inspecting development and making sure the provisions of this chapter are being followed.
STORM WATER FACILITIES. Devices designed specifically to detain or retain storm water for water quantity or water quality control. These devices shall not include those drainage structures that provide incidental water quantity or water quality control. These devices include, but are not limited to, wet ponds, dry ponds, bioretention areas, filter strips or infiltration trenches.
STORM WATER TECHNICAL STANDARDS MANUAL. The manual of design, performance and review criteria adopted by Town Board of Alderpersons for the administration of the storm water program.
STREAM BUFFER. Strips of land adjacent to streams and rivers which are retrained in their natural vegetated, re-vegetated or reforested state through the preservation of appropriate perennial vegetation.
STRUCTURAL STORM WATER FACILITY. A constructed facility, designed by a qualified professional, under 15A NCAC 2H.1008(c) or other application code, for the purpose of managing storm water flow and quality.
STRUCTURE. Buildings, wells, screened enclosures, fences, advertising signs, billboards, poster panels, swimming pools, manufactured houses, modular houses and underground shelters.
TOWN. The Town of Landis, North Carolina.
VEGETATIVE BUFFER. 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. A right to perform some action based on prior approvals, explicit or implicit, even if that action would otherwise result in a violation of a current ordinance, regulation, standard or other requirement.
WATER-DEPENDENT STRUCTURES. Requires the access or proximity to or sitting within surface waters to fulfill its basic purpose, as boat ramps, boat houses, docks and bulkheads. Ancillary facilities as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not considered WATER-DEPENDENT STRUCTURES.
WATERS OF THE UNITED STATES. Surface watercourses and water bodies as defined in 40 C.F.R. § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though the waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
WETLAND. Those areas regulated under § 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. § 1344 and applicable federal regulations. WETLANDS also include areas defined by the state as ISOLATED WETLANDS.
(Ord. passed 7-15-2008)