For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BUILT-UPON AREA (BUA). The portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots and paths; and recreation facilities such as tennis courts. BUILT-UPON AREA does not include a wooden slatted deck, the water area of a swimming pool or pervious or partially pervious paving materials to the extent that the paving material absorbs water or allows water to infiltrate through the paving material.
DEPARTMENT. The North Carolina Department of Environmental Quality.
DESIGN MANUAL. The storm water design manual approved for use in Phase II jurisdictions by the Department for the proper implementation of the requirements of the Federal Phase II storm water program. All references herein to the DESIGN MANUAL are to the latest published edition or revision.
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration or precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment.
DIVISION. The Division of Water Quality in the Department.
HIGH-DENSITY PROJECT. Any project that exceeds the low density threshold for dwelling units per acre and built-upon area.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. Anywhere multiple separate and distinct construction or land disturbing activities will occur under one plan. A “plan” is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request or computer design) or physical demarcation (including, but not limited to, boundary signs, lot stakes or surveyor markings) indicating that construction activities may occur on a specific plot.
LOW-DENSITY PROJECT. A project that has no more than two dwelling units per acre or 24% built-upon area (BUA) for all residential and non-residential development.
ONE-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or exceeded, on average, once in 12 months with duration of 24 hours.
OWNER. The legal or beneficial owner of land, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, 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 management entity.
REDEVELOPMENT. Any rebuilding activity other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater storm water control than the previous development.
STRUCTURAL BMP. A physical device designed to trap, settle out or filter pollutants from storm water runoff; to alter or reduce storm water 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. STRUCTURAL BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales and other methods installed or created on real property. STRUCTURAL BMP is synonymous with STRUCTURAL PRACTICE, STORM WATER CONTROL FACILITY, STORM WATER CONTROL PRACTICE, STORM WATER TREATMENT PRACTICE, STORM WATER MANAGEMENT PRACTICE, STORM WATER CONTROL MEASURES, STRUCTURAL STORM WATER TREATMENT SYSTEM and similar terms used in this chapter.
SUBSTANTIAL PROGRESS. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. SUBSTANTIAL PROGRESS for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.
(Ord. passed 1-15-2008)