§ 53.108  DEFINITIONS.
   When used in this subchapter, the following words and terms shall have the meaning set forth in this section, unless other provisions of this subchapter specifically indicate otherwise.
   1-YEAR, 24-HOUR STORM.  The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
   10-YEAR, 24-HOUR STORM.  The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 10 years and with a duration of 24 hours.
   100-YEAR, 24-HOUR STORM.  The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 100 years and with a duration of 24 hours.
   APPROVED ACCOUNTING TOOL.  The accounting tool for nutrient loading approved by the EMC for the relevant geography and development type under review.
   BEST MANAGEMENT PRACTICES (BMP).  A structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
   BUFFER.  An area of natural or planted vegetation through which storm water 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.  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 a building.
   BUILT-UPON AREA (BUA).  That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. BUILT-UPON AREA does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. The project site or area must exclude any land adjacent to the area disturbed by the project that has been counted as pervious by any other development regulated under a federal, state or local stormwater regulation.
   CLUSTER DEVELOPMENTS.  The grouping of buildings in order to conserve land resources and provide for innovations in the design of the project. This term includes nonresidential development as well as single-family residential development subdivisions and multi-family developments that do not involve the subdivision of land.
   COMMISSION.  The North Carolina Environmental Management Commission, in the Department.
   COMPOSTING FACILITY.  A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.
   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 of river (run-of-the-river) or the ridge line of 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.
   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 50% of the area of one floor of the dwelling is used for the occupation.  No home occupation shall 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 and the like.
   DEPARTMENT.  The North Carolina Department of Environment and Natural Resources.
   DESIGN MANUAL.  The stormwater design manual approved for use in this part of the Falls Watershed by the Department for the proper implementation of the requirements of the Falls Watershed stormwater program. All references herein to the DESIGN MANUAL are to the latest published edition or revision.
   DEVELOPMENT.  Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil.
   DISCHARGE LANDFILLS.  A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment to a receiving stream.
   DIVISION.  The Division of Water Quality in the Department.
   DWELLING UNIT.  A building, or portion thereof, providing complete permanent living facilities for one family.
   ENGINEERED STORMWATER CONTROL.  A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. ENGINEERED STORMWATER CONTROL includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. ENGINEERED STORMWATER CONTROL is synonymous with “structural practice,” “stormwater control facility,” “stormwater control practice,” “stormwater treatment practice,” “stormwater management practice,” “stormwater control measures,” “structural stormwater treatment systems,” and similar terms used in this subchapter. It is a broad term that may include practices that do not require design by a professionally licensed engineer.
   EXISTING DEVELOPMENT.  Development not otherwise exempted by this subchapter that meets one of the following criteria:
      (1)   It either is built or has established a statutory or common-law vested right as of the effective date of this subchapter; or
      (2)   It occurs after the effective date of this subchapter, but does not result in a net increase in built-upon area and does not decrease the infiltration of precipitation into the soil.
   EXISTING DEVELOPMENT FOR WATER SUPPLY WATERSHED STANDARDS.  Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this subchapter 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 G.S. § 160A-385.1; or
      (3)   Having expended substantial resources (time, labor, money) and having an approved site-specific or phased-development plan as authorized by 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 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 subchapter.
   HAZARDOUS MATERIAL.  Any substance listed as such in: Superfund Amendments and Reauthorization Act (SARA) § 302, being 42 USC 11002, Extremely Hazardous Substances, Comprehensive Environmental Response Compensation and Liability Act (CERCLA), being 42 USC 9601, or § 311 of the Clean Water Act (CAVA), being 33 UCS 1321, Oil and Hazardous Substances.
   INDUSTRIAL DEVELOPMENT.  Any nonresidential development that requires a 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.
   LAND DISTURBING ACTIVITY.  Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.
   LANDFILL.  A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130 A, Article 9. For the purpose of this subchapter, this term does not include composting facilities.
   LARGER COMMON PLAN OF DEVELOPMENT OR SALE. Any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan.  A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
   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 from the minimum statewide watershed protection or Falls rules that results in the relaxation, by a factor greater than five percent of any buffer, density or built-upon area requirement under the high density option; any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system; or relaxation by a factor greater than 10%, of any management requirement under the low density option. For provisions in this subchapter that are more stringent than the state’s minimum water supply protection rules and Falls rules, a variance to this subchapter is not considered a major variance as long as the result of the variance is not less stringent than the state’s minimum requirements.
   MINOR VARIANCE.  A variance from the minimum standards or Falls rules that results in a relaxation, by a factor of up to 5% of any buffer, density or built-upon area requirement under the high density option (or the Falls Lake standards); or that results in a relaxation by a factor up to 10%, of any management requirement under the low density option.
   NON-RESIDENTIAL DEVELOPMENT.  All development other than residential development, agricultural and silviculture.
   OUTFALL.  A point at which stormwater (1) enters surface water or (2) exits the property of a particular owner.
   OWNER.  The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. OWNER shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of OWNER under another description in this definition, such as a management entity.
   PERSON.  Includes, without limitation, individuals, firms, partnerships, associations, institutions, corporations, municipalities and other political subdivisions, and governmental agencies.
   REDEVELOPMENT.  Any development on previously-developed land. Redevelopment of structures or improvements that (1) existed prior to December 2006 and (2) would not result in an increase in built-upon area and (3) provides stormwater control at least equal to the previous development is not required to meet the nutrient loading targets of this subchapter.
   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.
   STORMWATER SYSTEM.  All engineered stormwater controls owned or controlled by a person that drain to the same outfall, along with the conveyances between those controls. A system may be made up of one or more stormwater controls.
   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 requires 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 location on the land.
   SUBDIVISION.  All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future), and shall include all divisions of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition, nor be subject to the regulations authorized by this subchapter:
      (1)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the building, pavement, gravel roads, recreation facilities (for example, tennis courts) and the like. Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.
      (2)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.
      (3)   The public acquisition by purchase of strips of land for the widening or opening of streets.
      (4)   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right of way dedication is involved and where the resultant lots are equal to or exceed the standards of this subchapter.
      (5)   The division of a tract into plots or lots used as a cemetery.
   SUBSTANTIAL PROGRESS.  For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. SUBSTANTIAL PROGRESS for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.
   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 heath effects.
   WATER-DEPENDENT STRUCTURE.  Any structure for which the use requires access to or proximity to or sitting 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 area are not water dependent structures.
   WATERSHED.  The entire land area contributing surface drainage to a specific point (for example, the water supply intake.)
(Ord. passed 6-12-12)