For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the United States Environmental Protection Agency that is used to compare different types of animal operations.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce non point source inputs to receiving waters in order to achieve water quality protection goals.
BUFFER.
(1) An area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.
(2) The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of 2 buildings by means of an open porch, breezeway, passageway, carport or other open structure, with or without a roof, shall not be deemed to make them 1 BUILDING.
BUILT-UPON AREA. Built-upon areas shall include that portion of a developed project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g. tennis courts) and the like. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.
CRITICAL AREA.
(1) The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed.
(2) The CRITICAL AREA is defined as extending either 1/2 mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or 1/2 mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first).
(3) Since WS-I watersheds are essentially undeveloped, establishment of a CRITICAL AREA is not required.
(4) Local governments may extend the CRITICAL AREA as needed.
(5) Major landmarks such as highways or property lines may be used to delineate the outer boundary of the CRITICAL AREA if these landmarks are immediately adjacent to the appropriate outer boundary of 1/2 mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck and the like.
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.
DISCHARGE LANDFILL. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for 1 family.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this chapter based on at least 1 of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by G.S. §§ 153A-344.1 and 160A-385.1; or
(3) Having expanded substantial resources (time, labor, money) and having an appropriate site specific or phased development plan as authorized by G.S. 160A-385.1.
EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no family shall contain over 5 persons, but further provided that domestic servants employed or living on the premises may be housed on the premises without being counted as a family or families.
HAZARDOUS MATERIALS. Any substance listed as so in: SARA § 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or § 311 of CWA (oil and hazardous substances).
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Ch. 130A, Article 9, §§ 130A-290 through 130A-310.58. For the purpose of this chapter this term does not include composting facilities.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
RESIDENTIAL DEVELOPMENT. Buildings for residences such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and their associated outbuilding such as garages, storage buildings, gazebos and the like and customary home occupations.
SINGLE-FAMILY RESIDENTIAL. Any development where:
(1) No building contains more than 1 dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than 1 dwelling unit.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include 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 this chapter:
(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 this chapter;
(2) The division of land into parcels greater than 10 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;
(4) The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street rights-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this chapter; and
(5) The division of a tract into plots or lots used as a cemetery.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents) which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in the organisms or their off spring or other adverse health effects.
VARIANCE.
(1) A permission to develop or use property granted by the Board of Adjustment relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.
(2) MAJOR VARIANCE. A variance that results in any one or more of the following:
(a) The complete waiver of a management requirement;
(b) The relaxation by a factor of more than 10%, of any management requirement that takes the form of a numerical standard; or
(c) The relaxation of any management requirement that applies to a development proposal intended to qualify under the high-density option.
(3) MINOR VARIANCE. A variance that does not qualify as a major variance.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage area are not water dependent structures.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
WATERSHED ADMINISTRATOR. The Liberty Town Manager who is responsible for administration and enforcement of this chapter.
(Ord. passed - -)