§ 158.03  DEFINITIONS.
   The words and phrases used in this section shall have the meaning assigned in this section provided, unless the context clearly indicates otherwise.  These definitions are derived from the North Carolina Sedimentation Control Regulations, 15A NCAC § 4A.005 and the Sedimentation Pollution Control Act of 1973, G.S. § 113A-52.
   ACCELERATED EROSION.  Any increase over the rate of natural erosion as a result of land disturbing activity.
   ACT.  The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it, as amended from time to time.
   ADEQUATE EROSION CONTROL MEASURE, STRUCTURE OR DEVICE.  One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity, as such controls are specified in the ordinance.
   AFFILIATE.  A person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of another person.
   BEING CONDUCTED.  A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.
   BORROW.  Fill material which is required for on-site construction and is obtained from other locations.
   BUFFER ZONE.  The strip of land adjacent to a lake or natural watercourse.
   CITY.  The City of Monroe.
   CITY COUNCIL.  The City of Monroe City Council.
   CITY OF MONROE EROSION CONTROL SPECIALIST/EROSION CONTROL SPECIALIST/ SPECIALIST.  Includes the City of Monroe Engineering Director, who is principally responsible for the administration of this section, or his or her duly authorized designee.  This term shall also include any persons, agents or other representatives of the City as authorized by the Engineering Director.
   COMMISSION.  The North Carolina Sedimentation Control Commission.
   COMPLETION OF CONSTRUCTION OR DEVELOPMENT.  No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
   DISCHARGE POINT.  Point at which runoff leaves a tract.
   DISTRICT.  The Union Soil and Water Conservation District (also referred to as the "SWCD") created pursuant to Chapter 139 of the North Carolina General Statutes.
   ENERGY DISSIPATER.  A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.
   ENGINEERING DEPARTMENT.  The City of Monroe Engineering Department.
   EROSION.  The wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
   GROUND COVER.  Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
   LAKE OR NATURAL WATERCOURSE.  Any stream, river, brook, swamp, creek, run, branch, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
   LAND-DISTURBING ACTIVITY.  Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highways and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
   LOCAL GOVERNMENT.  Any county, village, town, or city, or any combination of counties, villages, towns and cities acting through a joint program with the City pursuant to the provisions of the Act.
   NATURAL EROSION.  The wearing away of the earth's surface by water, wind or other natural agents under natural environmental conditions undisturbed by man.
   NCSCC.  North Carolina Sedimentation Control Commission.
   PARENT.  An affiliate that directly or indirectly, through one or more intermediaries, controls another person.
   PERSON.  Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
   PERSON CONDUCTING LAND-DISTURBING ACTIVITY.  Any person who may be held responsible for a violation unless expressly provided otherwise by this ordinance, the Act, or any order adopted pursuant to this ordinance or the Act.
   PERSON RESPONSIBLE FOR THE VIOLATION.  As used in this ordinance, and G.S. § 113A-64 means:
      (1)   The developer or other person who has or holds themselves out as having financial or operational control over the land-disturbing activity; and/or
      (2)   The landowner or person in possession or control of the land who has directly or indirectly allowed the land-disturbing activity or has benefitted from it or has failed to comply with any provision of this ordinance, the Act, or any order adopted pursuant to this ordinance or the Act.
   PHASE OF GRADING.  One of two types of grading, rough or fine.
   PLAN.  A complete Erosion and Sedimentation Control Plan.
   SEDIMENT.  Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.
   SEDIMENTATION.  The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
   SILTATION.  Sediment resulting from accelerated erosion which is removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited in or is in suspension in water.
   STORM WATER FACILITIES.  The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area.
   STORM WATER RUNOFF.  The direct runoff of water resulting from precipitation in any form.
   SUBSIDIARY.  An affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person.
   SWCD/UNION SWCD.  Union Soil and Water Conservation District.
   TEN-YEAR STORM.  The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions.
   TRACT.  All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
   TWENTY-FIVE YEAR STORM.  The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions.
   TWO-YEAR STORM.  The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 2 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions.
   UNCOVER(S)(ED)(ING).  The removal of ground cover from, on, or above the soil surface.
   UNDERTAKEN.  The initiating of an activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract.
   VELOCITY(IES).  Average speed of flow through the cross section of the main channel at the peak flow of the storm of interest.  The cross section  of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks.  Overload flows are not to be included for the purpose of computing velocity of flow.
   WASTE.  Surplus materials resulting from on-site construction and disposed of at locations either on or off site other than the initial source of the materials.
   WATERSHED.  The region drained by or contributing water to a stream, lake or other body of water.
   WORKING DAYS.  Days exclusive of Saturday, Sunday, Federal and State holidays during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.
(Ord. O-2002-18, passed 4-2-02; Am. Ord. O-2019-14, passed 4-2-19)