When used in this chapter, the following words and terms shall have the meaning set forth in this section, unless other provisions of this chapter specifically indicate otherwise.
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.
DEPARTMENT. The North Carolina Department of Environment and Natural Resources.
DESIGN MANUAL. The storm water DESIGN MANUAL approved for use in Phase II jurisdictions by the Department for the proper implementation of the requirements of the federal Phase II storm water 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.
DIVISION. The Division of Energy, Mineral, and Land Resources in the Department.
HIGH-DENSITY PROJECT. Any project that exceeds the low-density threshold for dwelling units per acre or built-upon area.
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.
LOW-DENSITY PROJECT.
(1) For a project that is not located within one-half mile of and draining to shellfish resource waters, the project is a
LOW-DENSITY PROJECT if it has no more than two dwelling units per acre or 24% built-upon area (BUA) for all residential and non-residential development.
(2) For a project that is located within one-half mile of and draining to shellfish resource waters, the project is a
LOW-DENSITY PROJECT only if it contains no more than 12% built-upon area (BUA).
(3) A project with an overall density at or below the relevant low-density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction model practices for low-density projects, and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable.
ONE-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.
OWNER. The legal or beneficial OWNER of land, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, 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.
REDEVELOPMENT. Any development on previously-developed land, other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater storm water control than the previous development.
SHELLFISH RESOURCE WATERS. Class SA waters that contain an average concentration of 500
parts per million of natural chloride ion. Average concentration is determined by averaging the chloride concentrations of five water samples taken one-half mile downstream from the project site that are taken on separate days, within one hour of high tide, and not within 48 hours following a rain event. The chloride ion concentrations are to be determined by a state-certified laboratory.
STRUCTURAL BMP. A physical device designed to trap, settle out, or filter pollutants from storm water runoff; to alter or reduce storm water 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. STRUCTURAL BMP includes physical practices, such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. STRUCTURAL BMP is synonymous with “structural practice,” “storm water control facility,” “storm water control practice,” “storm water treatment practice,” “storm water management practice,” “storm water control measures,” “structural storm water treatment systems,” and similar terms used in this chapter.
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 of a building foundation. For the purpose of determining whether an approved plan is null and void, SUBSTANTIAL PROGRESS is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.
(Ord. 14-O-312, passed 7-14-2014)