For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. An official or designated person of the County Commission responsible for administration and enforcement of this chapter.
AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
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. Any natural buffer from the wetland boundary line as defined by the U.S. Corps of Engineers, or an area of natural or planted vegetation through which stormwater runoff flows on 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. 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 two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.
BUILT-UPON AREA. Built-upon areas should include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), and recreation facilities of whatever nature. 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 including minimizing stormwater runoff impacts. This term includes non-residential development as well as single-family residential and multi-family developments. For the purpose of this chapter, planned unit developments and mixed use development are considered as CLUSTER DEVELOPMENT.
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 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 maybe 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. 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.
DISCHARGING LANDFILL. A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.
EXISTING DEVELOPMENT. Those projects that are built on those projects that at a minimum have established a vested right under state zoning law as of the effective date of this chapter based on at least one 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 the General Statutes (G.S. § 153A-344.1 and G.S. § 160A-385.1); or
(3) Having an approved site specific or phased development plan as authorized by the General Statutes (G.S. § 153A-344.1 and 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 County 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 such FAMILY shall contain over five persons, but further provided that domestic servants employed or living on the premises maybe housed on the premises without being counted as a family or families.
FAMILY SUBDIVISION. A division of a tract of land:
(1) To convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or
(2) To divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.
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 the G.S. Ch. 130A, Art. 9. 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.
MAJOR VARIANCE. A variance that results in the relaxation, by a factor greater than 10%, of any management requirements such as buffer, density or built-upon area.
MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to 10%, of any management requirement such as buffer, density or built-upon area.
NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules.
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 according to the County Subdivision Regulations.
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 ten miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.
RESIDENTIAL DEVELOPMENT. Buildings 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 buildings, gazebos and the like, and customary home occupations.
RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Management Commission.
SINGLE-FAMILY RESIDENTIAL. Any development where:
(1) No building contains more than one dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than one 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 require 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 defined in this chapter.
SUBDIVISION. All divisions of a tract or parcel of land (in addition to the undivided remaining portion of the original undivided tract) into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this part:
(1) The combination or recombination of portions of previously subdivided or recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for widening or opening streets;
(4) The division of a tract in single ownership, the entire area of which is no greater than two acres, into not more than three lots if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations;
(5) The division of a tract of land into one lot where:
(a) The lot fronts upon a state-maintained road;
(b) The lot is served by a public water system; and
(c) The lot is large enough to meet applicable state and local health codes and other local ordinances.
(6) (a) The gift by a property owner of a single lot to the property owner’s child or parent or to each of the property owner’s children or parents where:
1. The lot fronts upon a state-maintained road;
2. The lot is served by a public water system; and
3. The lot is large enough to meet applicable state and local health codes and other local ordinances.
(b) This exemption shall be for a one-time gift of a single lot to each child or parent of the property owner. A gift of any additional lot to the same child or parent shall require compliance with the county’s subdivision ordinance.
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 offspring or other adverse health effects.
VARIANCE. A permission to develop or use property granted by the Watershed Board of Adjustment relaxing or waiving a water supply watershed management requirement adopted by the State Environmental Management Commission that is incorporated into this chapter.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or siting 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.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).
WATERSHED IV. Waters protected as water supplies which are generally in moderately to highly developed watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0216 of subchapter 2B, Surface Water and Wetland Standards, of the Division of Water Quality Rules Manual, being 15A NCAC 02B.0104 and .0216.
(Ord. passed 5-16-1994; Ord. passed 7-15-2002)