For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. An owner or developer of a site who executes the stormwater permit application pursuant to this chapter.
   BEST MANAGEMENT PRACTICES. Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States. BEST MANAGEMENT PRACTICES (BMPS) include, but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage, or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the county determines appropriate for the control of pollutants. Please refer to the Brunswick County’s Stormwater Management Manual for further information and for specific BMP requirements.
   BONA FIDE FARM. Any tract of land containing at least one acre which is used for activities relating to production, and activities incidental to production of crops, fruits, vegetables, ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and shellfish, poultry, and other agricultural products having a domestic or foreign market, and excludes commercial and industrial processing.
   CHANNEL BANK. The location of the upper edge of the active channel above which the water spreads into the overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank is not well defined, the CHANNEL BANK shall be considered the edge of the waterline during a two-year frequency storm.
   CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
   CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
   COUNTY. Brunswick County, North Carolina.
   DESIGN STORM. The specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the Stormwater Management Manual.
   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.
   DRAINAGE STRUCTURES. Include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed to convey stormwater.
   HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
   ILLEGAL DISCHARGE. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the state, or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the state constitutes an ILLEGAL DISCHARGE, except as exempted in § 50.030.
   ILLICIT CONNECTIONS. Either of the following:
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process waste water, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
      (2)   Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the county.
   IMPERVIOUS SURFACE. Any surface which, in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to, compacted earth (such as marl and coquina), gravel, concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures. Uncovered wooden slatted decks and the water area of a swimming pool are considered pervious.
   INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
   INTERMITTENT STREAMS. A natural drainage way, which shows up as a blue line on the USGS 7.5-minute quadrangle maps and has a contributing drainage area of 300 acres or less, shall be considered an INTERMITTENT STREAM for the purposes of this chapter.
   LAND DISTURBING ACTIVITIES. The use of land by any person that results in a change in the natural cover or topography that may contribute to or alter the quantity and/or quality of stormwater runoff.
   MAJOR SUBDIVISION. The division of a tract of land into six or more lots.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMITS. General, group, and individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act.
   NATURAL DRAINAGE WAY. An incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a NATURAL DRAINAGE WAY unless the constructed channel was a natural drainage way that has been relocated, widened, or otherwise improved.
   NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
   PERENNIAL STREAM. Streams that have essentially continuous flows and are shown on the United States Geological Survey 1:24,000 (7.5 min.) scale topographic maps. Streams that have a contributing drainage area of more than 300 acres shall be considered a PERENNIAL STREAM for the purposes of this chapter.
   POLLUTANT. Anything, that causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains, and cooling waters; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
   POLLUTION. The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
   PREMISES. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
   RIPARIAN BUFFER. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage way. RIPARIAN BUFFERS reduce the impact of upland sources by trapping, filtering, and converting nutrients, sediments, and other chemicals, and maintain the integrity of the natural drainage way. For the purposes of this chapter, surface water shall be present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5 min.) quadrangle topographic maps prepared by the United States Geological Survey (USGS) or on the latest version of the Brunswick County Soil Map as prepared by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS).
   STORM DRAIN SYSTEM. Publicly-owned facilities operated by the county by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the county and are not part of a publicly-owned treatment works as defined in 40 C.F.R. § 122.2.
   STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from rain storm events.
   STORMWATER ADMINISTRATOR. The person designated by the County Manager of Brunswick County to have authority to review and approve stormwater permits and stormwater management plans. The STORMWATER ADMINISTRATOR shall also be responsible for inspecting development and making sure the provisions of this chapter are being followed.
   STORMWATER FACILITIES. Shall include devices designed specifically to detain or retain stormwater for water quantity or water quality control. These devices shall not include those drainage structures mat provide incidental water quantity or water quality control. These devices include, but are not limited to, wet ponds, dry ponds, bioretention areas, filter strips, or infiltration trenches.
   STORMWATER MANAGEMENT MANUAL. The manual of design, performance, and review criteria adopted by the Brunswick County Board of Commissioners for the administration of the Stormwater Program.
   STRUCTURE. Include buildings, wells, screened enclosures, fences, advertising signs, billboards, poster panels, swimming pools, manufactured houses, modular houses, and underground shelters.
   VEGETATIVE BUFFER. An area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants.
      (1)   Vested right shall be based upon the following criteria:
         (a)   Having an outstanding valid building permit in compliance with the stormwater legislation utilized by Brunswick County; or
         (b)   Having an approved site specific or phased development plan in compliance with the stormwater legislation utilized by Brunswick County.
      (2)   Projects that require a state permit, such as landfills, NPDES waste water discharges, land application, or residuals and road construction activities, shall be considered to have VESTED RIGHTS if a state permit was issued prior to the effective date of the adoption of the stormwater ordinance.
   WATER DEPENDENT STRUCTURES. Those structures which require the access 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 areas are not considered WATER DEPENDENT STRUCTURES.
   WATERS OF THE UNITED STATES. Surface watercourses and water bodies as defined in 40 C.F.R. § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
   WETLAND. Those areas regulated under § 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. § 1344 and applicable federal regulations.
(Ord. 03-006, passed 8-13-2003)