<div class="chunk-title">Sec. 14-150. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               Unless the context requires otherwise, the following words as used in this article
               have the indicated meanings:
               </p>
            <p class="p0">
               <span class="ital">Act</span> means G.S. Ch. 143, Art. 21, pt. 1, as they concern stormwater management and the
               implementing rules for same in the North Carolina Administrative Code.
               </p>
            <p class="p0">
               <span class="ital">Approved accounting tool</span> means the accounting tool for nutrient loading approved by the North Carolina Department
               of Environmental Quality Environmental Management Commission (EMC) for the relevant
               geography and development type under review.
               </p>
            <p class="p0">
               <span class="ital">Built-upon area</span> means impervious surface and partially impervious surface to the extent that the
               partially impervious surface does not allow water to infiltrate through the surface
               and into the subsoil. "Built-upon area" does not include a slatted deck; the water
               area of a swimming pool; a surface of number 57 stone, as designated by the American
               Society for Testing and Materials, laid at least four inches thick over a geotextile
               fabric; or a trail as defined in G.S. 113A-85 that is either unpaved or paved as long
               as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters
               per second (1.41 inches per hour).
               </p>
            <p class="p0">
               <span class="ital">Developer</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The person who has, or holds himself out as having, financial or operational control
                  and/or responsibility over the land-disturbing activity;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The landowner or person in possession or control of the land when he directly or indirectly
                  allowed the land-disturbing activity, has benefitted from it, or has failed to comply
                  with any provision of this article or the Act;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The person listed on the stormwater permit as having financial or operational control
                  for a development; and/or
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The person owning property containing permitted stormwater control measures.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Development</span> means any land disturbing activity that increases the amount of built upon area or
               that otherwise decreases the infiltration of precipitation into the subsoil within
               the unincorporated areas of Durham County.
               </p>
            <p class="p0">
               <span class="ital">Discharge</span> means the addition of any man-induced waste effluent, either directly or indirectly,
               to state surface waters.
               </p>
            <p class="p0">
               <span class="ital">Existing development</span> means development not otherwise exempted by this article that meets one of the following
               criteria:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  It either is built or has established a statutory or common-law vested right as of
                  effective date of the ordinance codified in this article; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  It occurs after the effective date of the ordinance codified in this article, but
                  does not result in a net increase in built-upon area and does not decrease the infiltration
                  of precipitation into the soil.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Falls Lake Stormwater Regulatory Basin</span> means land which drains only to Falls Lake within the Neuse River Basin, as determined
               by the Durham Planning Department and as shown on Falls Lake Stormwater Regulatory
               Basin Map which is maintained by the Durham Planning Department.
               </p>
            <p class="p0">
               <span class="ital">Impervious surfaces</span> means a hard area that does not allow water to infiltrate into the ground.
               </p>
            <p class="p0">
               <span class="ital">Inspect</span> means inspection, observation, monitoring, testing, sampling, surveying, and otherwise
               measuring compliance with the provisions of this article, the Act, and implementing
               rules.
               </p>
            <p class="p0">
               <span class="ital">Jordan Lake Stormwater Regulatory Basin</span> means land which drains only to Jordan Lake within the Cape Fear River Basin, as
               determined by the Durham Planning Department and as shown on Jordan Lake Stormwater
               Regulatory Map which is maintained by the Durham Planning Department.
               </p>
            <p class="p0">
               <span class="ital">Large common plan of development or sale</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Neuse River Basin</span> means land which drains to the Neuse River, as determined by the Durham Planning
               Department and as shown on a map which is maintained by the Durham Planning Department.
               </p>
            <p class="p0">
               <span class="ital">One-year, 24-hour storm</span> means the surface runoff resulting from a rainfall of an intensity expected to be
               equaled or exceeded, once a year, and of a duration which will produce the maximum
               peak runoff flow from the watershed of interest under average antecedent wetness conditions.
               Acceptable methodologies for computing these flow rates include:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The rational method, which may be used for drainage areas of 200 acres or less for
                  conveyance calculations only; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The peak discharge method as described in the USDA Soil Conservation Service's Technical
                  Release Number 55, which may be used for drainage areas of 2,000 acres or less.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Primary SCM</span> means a wet pond, stormwater wetland, infiltration system, sand filter, bioretention
               cell, permeable pavement, green roof, rainwater harvesting, or an approved new stormwater
               technology that is designed, construction and maintained in accordance with the North
               Carolina Stormwater Minimum Design Criteria.
               </p>
            <p class="p0">
               <span class="ital">Project density</span> shall be calculated as the total built-upon area divided by the total project area.
               </p>
            <p class="p0">
               <span class="ital">Redevelopment</span> means any development on previously-developed land. Redevelopment of structures or
               improvements that: (i) existed prior to December 2006; and (ii) would not result in
               an increase in built-upon area; and (iii) provides stormwater control at least equal
               to the previous development is not required to meet the nutrient loading targets of
               this article.
               </p>
            <p class="p0">
               <span class="ital">Runoff treatment</span> means that the volume of stormwater runoff generated from all of the built upon area
               of a project at build-out during a storm of the required storm depth is treated in
               one or more primary stormwater control measures or a combination of primary and secondary
               SCMs that provides equal or better treatment.
               </p>
            <p class="p0">
               <span class="ital">Runoff volume match</span> means that the annual runoff volume after development shall not be more than ten
               percent higher than the annual runoff volume before development, except in areas subject
               to SA waters requirements per Rule 15A NCAC 02H.1019 where runoff volume match means
               that the annual runoff volume after development shall not be more than five percent
               higher than the annual runoff volume before development.
               </p>
            <p class="p0">
               <span class="ital">Secondary SCM</span> means an SCM that does not achieve the annual reduction of total suspended solids
               (TSS) of a "primary SCM" but may be used in a treatment train with a primary SCM or
               other secondary SCMs to provide pre-treatment, hydraulic benefits, or a portion of
               the required TSS removal.
               </p>
            <p class="p0">
               <span class="ital">Stormwater</span> means the flow of water which results from precipitation and which occurs immediately
               following rainfall or snowmelt.
               </p>
            <p class="p0">
               <span class="ital">Stormwater collection system</span> means any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting
               (not treating) runoff. A stormwater collection system does not include vegetated swales,
               swales stabilized with armoring or alternative methods where natural topography prevents
               the use of vegetated swales (subject to case-by-case review), curb outlet systems,
               or pipes used to carry drainage underneath built-upon surfaces that are associated
               with development controlled by the provisions of 15A N.C.A.C. 2H.1003(c)(1).
               </p>
            <p class="historynote0">
               (Ord. of 11-23-20(3))
               </p></div>