The following definitions include those applicable to both the Flood Damage Prevention and Water Supply Watershed regulations of this ordinance.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure located on the same Parcel of property as the Principal Structure and the use of which is incidental to the use of the Principal Structure. Garages, carports and storage sheds are common urban Accessory Structures. Pole barns, hay sheds and the like qualify as Accessory Structures on farms, and may or may not be located on the same Parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure.
ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations of this article.
APPEAL. A request for a review of the floodplain administrator’s interpretation of any provision of Article X of this ordinance.
AREA OF SHALLOW FLOODING. A designated Zone AO on a community’s Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See “Special Flood Hazard Area (SFHA)”.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation”.
BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.
BUFFER. For purposes of the Water Supply Watershed Regulations of this ordinance, “buffer” shall mean an area of natural or planted vegetation through which stormwater 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. 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. See “Structure”.
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas, recreation facilities, etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
CLUSTER DEVELOPMENT. For purposes of the Water Supply Watershed Regulations of this ordinance, “cluster development” shall mean the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivision and multifamily developments that do not involve the subdivision of land. Any development with 15% or greater amount of natural open space.
CRITICAL AREA. 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. The critical area is defined as extending either one-half 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 one-half 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). Local governments may extend the critical area as needed. 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 one-half mile.
DEVELOPMENT (FLOOD DAMAGE PREVENTION). Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT (WATER SUPPLY WATERSHED). For purposes of the Water Supply Watershed Regulations of this ordinance, “development” shall mean 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.
EXISTING DEVELOPMENT (WATER SUPPLY WATERSHED). For projects that do not require a state permit, existing development shall mean a project that, at a minimum, has established a vested right under North Carolina zoning law as of the effective date of the Water Supply Watershed regulations of this ordinance based on at least one (1) of the following criteria: A) 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; or B) Having an outstanding valid building permit as authorized by the North Carolina General Statutes (G.S. § 153A-344.1); or C) Having an approved site specific or phased development plan as authorized by the North Carolina General Statutes.
DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
ELEVATED BUILDING. A non-basement building which has its lowest elevated Floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the original effective date of the floodplain management regulations adopted by the community.
FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from: A) The overflow of inland or tidal waters; and/or B) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
FLOOD HAZARD AREA. The minimum area of the flood plain that, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year) as identified by the federal insurance administration on flood hazard area boundary maps.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study Report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA. See “Floodplain”.
FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit (zoning or Conditional Use Permit) that is required in conformance with the provisions of this article prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This article and other land development ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN REGULATIONS. The regulations contained in Article X of this ordinance, any other section of this ordinance, local or state building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FREEBOARD. The height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the Watershed. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation”.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
HAZARDOUS WASTE FACILITY. As defined in G.S. Ch. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical Significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or (d) Certified as contributing to the historical Significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”. Certified Local Government (CLG) Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.
LANDFILL. A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility, or a surface storage facility in accordance with G.S. § 130A-290. For the purpose of the Water Supply Watershed regulations of this ordinance this term does not include composting facilities.
LOT. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory building together with such yards, open spaces, lot width, and lot area is required.
LOT (EXISTING 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 the Water Supply Watershed regulations of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the Water Supply Watershed regulations of this ordinance.
LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building’s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “Manufactured Home” does not include a “Recreational Vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION. A Parcel (or contiguous Parcels) of land divided into two or more manufactured home Lots for rent or sale.
MARKET VALUE. The building value, not including the land value and that of any Accessory Structures or other improvements on the Lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
MEAN SEA LEVEL. For purposes of this article, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.
NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to the effective date of the Water Supply Watershed regulations of this ordinance (or its amendments) that does not meet the minimum lot size or other development requirements of Article X of this ordinance.
NON-ENCROACHMENT AREA. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study Report.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture, and silviculture.
POST-FIRM. Construction or other development for which the “start of construction” occurred on or after the effective date of the initial Flood Insurance Rate Map for the area.
PRE-FIRM. Construction or other development for which the “start of construction” occurred before the effective date of the initial Flood Insurance Rate Map for the area.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
PROTECTED AREA. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.
PUBLIC SAFETY AND/OR NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV). A vehicle, which is: A) Built on a single chassis; B) Four hundred square feet or less when measured at the largest horizontal projection; C) Designed to be self-propelled or permanently towable by a light duty truck; and D) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
REFERENCE LEVEL. The portion of a structure or other development that shall be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas designated as Zone A1-A30, AE, A, A99, or AO, the reference level is the top of the lowest floor or bottom of lowest attendant utility including ductwork, whichever is lower.
REGULATORY FLOOD PROTECTION ELEVATION. The “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two or more separate occasions during any 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, gazebos, and customary home occupations.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SALVAGE YARD. Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.
SOLID WASTE DISPOSAL FACILITY. As defined in G.S. § 130A-290(a)(35), any facility involved in the disposal of solid waste.
SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Permanent construction does not include: A) Land preparation, such as clearing, grading, and filling; B) The installation of streets and/or walkways; C) Excavation for a basement, footings, piers or foundations, or the erection of temporary forms; and/or D) The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STRUCTURE (FLOOD DAMAGE PREVENTION). For purposes of the Flood Damage Prevention Regulations of this ordinance, “Structure” shall include but is not limited to a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground. For floodplain management purposes, principally above ground means that at least 51% of the actual cash value of the structure is above ground.
STRUCTURE (WATER SUPPLY WATERSHED). 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.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of “Substantial Improvement”.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include either: A) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or B) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
SURFACE WATER. Surface water is present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).
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 such organisms or their off spring, or other adverse health effects.
VARIANCE (WATER SUPPLY WATERSHED). For purposes of the Water Supply Watershed Regulations of this ordinance, “variance” shall mean a permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this ordinance.
1) VARIANCE (MAJOR). For purposes of the Water Supply Watershed regulations of this ordinance, “major variance” shall mean a variance from the minimum state wide water
supply watershed protection rules that results in any one or more of the following: A) The relaxation, by a factor of more than 10%, of any management requirement that takes the form of a numerical standard; and/or B) Petitions to increase built upon percentage greater than 10%.
2) VARIANCE (MINOR). For purposes of the Water Supply Watershed regulations of this ordinance, “minor variance” shall mean petitions for the reduction of any standard by a factor of less than 10%, including residential density or built upon percentage.
VIOLATION. For purposes of the Flood Damage Prevention Regulations of this ordinance, “violation” shall mean the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to, 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 areas are not water dependent structures.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Article VI is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. “Watercourse” includes specifically designated areas in which substantial flood damage may occur.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
(Ord. passed 2-14-2017; Ord. 2020-05, passed 8-10-2019)