AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.
BALANCE OF WATERSHED (BW). The area adjoining and upstream of the in a WS-II and WS-III water supply watershed. The BALANCE OF WATERSHED is comprised of the entire land area contributing surface drainage to the stream, river, or reservoir where a water supply intake is located.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
BUFFER. 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 and from the bank of each side of streams or rivers.
BUILDING. Any having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or . The connection of 2 by means of an open porch, breezeway, passageway, carport or other such open , with or without a roof, shall not be deemed to make them 1 .
BUILT-UPON AREA. Built-upon areas include that portion of a project that is covered by impervious or partially impervious cover including , pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), and the like. Wooden slatted decks and the water area of a swimming pool are considered pervious.
CLUSTER DEVELOPMENT. Cluster means the grouping of in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential as well as and multi-family .
COMMON PLAN OF DEVELOPMENT. A site where multiple separate and distinct activities may be taking place at different times or different schedules but governed by a single plan regardless of ownership of parcels.
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 is defined as extending either ½ 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 ½ 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). Major landmarks such as highways or lines may be used to delineate the outer boundary of the if these landmarks are immediately adjacent to the appropriate outer boundary of ½ 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 is used for the occupation. No home occupation 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.
DWELLING UNIT.
A
, or portion thereof, providing complete and permanent living facilities for 1 or more persons.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a under North Carolina zoning law as of the effective date of this chapter based on at least 1 of the 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; or
(2) Having an outstanding valid
permit as authorized by G.S. 160D-102; or
(3) Having an approved site specific or phased development plan as authorized by the General Statutes (G.S. 160D-102).
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.
INDUSTRIAL DEVELOPMENT. Any 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.
MAJOR WATERSHED VARIANCE. A variance from the minimum statewide protection rules that results in any 1 or more of the :
(1) The relaxation, by a factor greater than 10%, of any management requirement under the low density option;
(2) The relaxation, by a factor greater than 5%, of any
, density or
requirement under the high density option;
(3) Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.
MINOR WATERSHED VARIANCE. A from the minimum statewide protection rules that results in a relaxation, by a factor of up to 5% of any , density or requirement under the high density option; or that results in a relaxation, by a factor of up to 10%, of any management requirement under the low density option. For to a vegetated setback requirement, the percent variation be calculated using the foot print of proposed to encroach with the vegetated setback divided by the total area of vegetated setback within the project.
NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to the effective date of local protection regulations that does not meet the minimum lot size or other requirements of the statewide protection rules.
NON-RESIDENTIAL DEVELOPMENT. All other than , agriculture and silviculture.
PROTECTED AREA. The area adjoining and upstream of the of WS-IV . The boundaries of the are defined as within 5 miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the (whichever is closest to normal pool elevation of reservoir); or within 10 miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the (whichever is closest to the intake).
QUALIFIED INDIVIDUAL. A certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) course offered by the N.C. Div. of Water Resources at N.C. State University.
RESIDENTIAL DEVELOPMENT. for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like and their associated outbuildings such as garages, storage , gazebos, and the like and .
RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility.
SINGLE FAMILY RESIDENTIAL. Any where: 1) no contains more than 1 ; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than 1 .
STORMWATER CONTROL MEASURE (SCM). A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater or a combination thereof.
STRUCTURE. Anything constructed or erected, including but not limited to , which requires location on the land or attachment to something having permanent location on the land.
VARIANCE. A permission to develop or use 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 chapter.
VESTED RIGHT. The right to undertake and complete the development and use of under the terms and conditions of an approved site-specific development plan or an approved phased development plan. Refer to G.S. 160D-108 for more information.
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 ground water supply or 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 offspring or other adverse health effects.
WATER DEPENDENT STRUCTURE. Any 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 areas are not .
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
WATERSHED ADMINISTRATOR. An official or designated of the Town of Mills River responsible for administration and enforcement of this chapter.
(Ord. 2022-18, passed 12-8-2022)