Words used in this chapter shall have their customary meanings as determined by the standard dictionary definition except for the following specific words and terms which are herein defined. In any case, the Environmental Management Administrator, or county designee shall have the right to define or interpret any words or terms contained within this chapter.
APPLICANT. A person, firm, government agency, partnership, or any other entity who seeks to obtain approval or a permit under the requirements of this chapter and who will be responsible for the land disturbing activity and related maintenance thereof.
BASE FLOOD ELEVATION. Base flood elevation (BFE) shall have the same meaning as is set forth in federal regulations governing flood plain management.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
BEST MANAGEMENT PRACTICES. A wide range of management procedures, schedules of activities, prohibition on practices and other management practices which have been demonstrated to control effectively the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.
CONSTRUCTION Any building or erection of a structure or any preparation for the same.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials.
DRAINAGEWAY. A natural or manmade lane depression with the purpose of collection and removal of surface or subsurface water from a given area by gravity via natural means or by systems constructed to remove water and is commonly applied herein to surface water.
EASEMENT. A grant or reservation made by the owner of the land for use by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.
ELEVATED BUILDING. A non-basement building to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls.
EMBANKMENT or FILL. A deposit of soil, rock other material placed by man.
ENVIRONMENTAL MANAGEMENT ADMINISTRATOR. The Environmental Management Administrator as designated by the county.
EROSION. The general process by which soils or rock fragments are detached and moved by the action of wind, water, ice and gravity.
FLOOD. A temporary rise in the level of water which results in the inundation of areas not ordinarily covered by water. For purposes of this chapter, a FLOOD shall be construed to be any inundation which has a return frequency of 100 years or less, and shall be known as the BASE FLOOD.
FLOOD MAPS. The maps which are made a part of this chapter as though copied herein, and which designate within the unincorporated jurisdiction of Newberry County and within those municipalities which, by executed agreement, have contracted for the provisions of this chapter to be administered within their respective corporate boundaries, the elevation and/or boundaries of land subject to inundation by a flood. The specific studies and maps listed below shall be incorporated herein, including any amendments thereto, as well as any authorized studies received from the U.S. Corps of Engineering or other agency which specifically relate to the flooding of land within the county and which clarify or extend the information contained in the following.
(1) FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicably to the community. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map for Newberry County, South Carolina (unincorporated area), latest edition with accompanying maps and other supporting data.
(2) FLOOD INSURANCE STUDY. The official report provided by Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
FLOOD PLAIN. Any land area determined by the Federal Emergency Management Agency (FEMA) or Newberry County as susceptible to being inundated by flood waters resulting from a flood with a return frequency of 100 years or less.
FLOODPROOFING. Any combination of structural and non-structural modification, additions, changes, or adjustment to new or existing structures which has the effect of reducing or eliminating the potential for flood damage to real estate or improved real property, to water and sanitary facilities, or to structures and their contents.
FLOODWAY. The channel of river or watercourse, and the adjacent lands areas, that must be reserved in order to discharge a flood within a return frequency of 100 years without cumulatively increasing the water surface elevation more than 1 foot.
FLOOR. The top surface of an enclosed area in a building (including basement), that is, top of slab in concrete slab construction or top of wood flooring in wood frame construction.
GRADING. Any displacement of soil by stripping, excavating, filling, stockpiling, or any combination thereof, including the land in its excavating or filled state.
LAND. Any ground, soil, or earth, including marshes, swamps, drainage ways, and areas not permanently covered by water within the county.
LAND DISTURBANCE. Any activity involving clearing, grading, transporting, filling or any other activity which causes land to be exposed to the danger of erosion, or which might create an alteration in the natural drainage way.
MAJOR DRAINAGE CHANNEL. A natural or man-made channel within a major drainage system, and which is shown USGS Contour maps, published by the United States Geologic Survey from time to time.
NATURAL WATERWAYS. Waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Construction channels such as drainage ditches shall not be considered natural waterways.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the initial Flood Insurance Rate Map for Newberry County, South Carolina (unincorporated areas), which is December 15, 1990, and includes any subsequent improvements to such structures.
PERMIT. A certificate issued to perform work authorized under the provisions of the chapter.
PLANNING ENGINEER. Newberry County Planning Engineer, or the person tasked with those duties and authority.
POLLUTION. The presence in the environment of any substance, including, but not limited to, sewage, sediment, industrial and other waste, air contamination, or any combination thereof in such quantity and of such characteristics and duration as may cause the environment to be contaminated, unclean, noxious, odorous, impure or degraded, or which tends to be injurious to human health or welfare; or which damages property, plant, animal or use of property.
POST-DEVELOPMENT. The conditions which exist following the completion of the land disturbance in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
PRE-DEVELOPMENT. The condition which exist prior to the completion of the land disturbance in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal uses.
REGISTERED LANDSCAPE ARCHITECT. A landscape architect properly registered and licensed in South Carolina or permitted by the Licensing Board.
REGISTERED PROFESSIONAL ENGINEER. A person who is registered by the State of South Carolina pursuant to Chapter 22, Title 40, Code of Laws of South Carolina, 1976, as amended.
REGISTERED TIER B LAND SURVEYOR. A person who is registered by the State of South Carolina pursuant to Chapter 22, Title 40, Code of Laws of South Carolina, 1976, as amended.
RUNOFF. That portion of the precipitation on the land which reaches the drainage system.
SEDIMENTATION. The process which operates at or near the surface of the ground, or deposits soils, debris and other materials either on other ground surfaces or in water channels.
STOP WORK ORDER. An order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this chapter.
STORM DRAINAGE SYSTEM. The surface and subsurface system for the removal of water from the land, including the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the man-made element, which includes culvert, retention facilities and the storm sewer system, further defined as:
(1) MINOR DRAINAGE SYSTEMS. All street drainage, curb and gutters, pipe systems, culverts, ditches and channels which drain less than 40 acres.
(2) COLLECTOR SYSTEM. All drainage systems drainage at least 40 acres but less than 100 acres.
(3) MAJOR DRAINAGE SYSTEMS. All drainage systems drainage at lease 100 acres but less than 300 acres.
(4) FLOOD PLAIN SYSTEM. All natural channels, creeks or rivers draining more than 300 acres.
STORM FREQUENCY. Rate or likely recurrence of a rainstorm defined as:
(1) TWO-YEAR FREQUENCY STORM. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 2 years. It also may be expressed as an exceeded probability with a 50% chance of being equaled or exceeded in any given year.
(2) TEN-YEAR FREQUENCY STORM. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It also may be expressed as an exceeded probability with a 10% chance of being equaled or exceeded in any given year.
(3) TWENTY-FIVE-YEAR FREQUENCY STORM. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 25 years. It also may be expressed as an exceeded probability with a 4% of being equaled or exceeded in any given year.
(4) FIFTY-YEAR FREQUENCY STORM. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 50 years. It also may be expressed as an exceeded probability with a 2% chance of being equaled or exceeded in any given year.
(5) ONE-HUNDRED YEAR FREQUENCY STORM. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 100 years. It also may be expressed as an exceeded probability with a 1% chance of being equaled or exceeded in any given year.
STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN. A drainage system plan which fully indicated necessary land management and treatment measures, including a timetable of the schedule for their installation, which will effectively minimize soil erosion and sedimentation and which is approved as provided herein for application to a particular area or parcel of ground.
STRUCTURE. Anything constructed or erected, the use of which requires a locations on the ground, or attached to something having a location on the ground, including, but not limited to, tennis courts, swimming pools, fences, and buildings.
SUBDIVISION. As defined by the Newberry County Zoning Regulations (latest edition).
VEGETATION. All plant growth, including trees, shrubs, mosses, and grasses.
WATER QUALITY. The physical, chemical, radiological and biological attributes that affect the suitability of water for agriculture, industry, drinking, recreation, and other uses.
WATER QUANTITY. Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff to downstream areas resulting from land disturbing activities.
WATERSHED. The drainage area contributing stormwater runoff to a single point.
WETLANDS. As defined by the appropriate federal or state permitting agency.
(Am. Ord. 06-21-05, passed 6-15-2006)