<div class="chunk-title">Sec. 78-87. - Terms defined.</div>
<div class="chunk-content">
            <p class="p0">
               When used in this article, the following words and terms shall have the meaning set
               forth in this section, unless other provisions of this Ordinance specifically indicate
               otherwise.
               </p>
            <p class="p0">
               <span class="ital">Approved accounting tool.</span> The most recent version of the accounting tool for calculating nutrient loading and
               reduction approved by the Division for the relevant geography and development type
               under review.
               </p>
            <p class="p0">
               <span class="ital">Built-upon area (BUA).</span> That portion of a development project that is covered by impervious or partially
               impervious surface to the extent that the partially impervious surface does not allow
               water to infiltrate through the surface and into the subsoil. This includes, but is
               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 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; a trail as defined in N.C.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); or
               landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation,
               placed on areas that receive pedestrian or bicycle traffic or on portions of driveways
               and parking areas that will not be compacted by the weight of a vehicle, such as the
               area between sections of pavement that support the weight of a vehicle.
               </p>
            <p class="p0">
               <span class="ital">Commission.</span> The North Carolina Environmental Management Commission, in the Department.
               </p>
            <p class="p0">
               <span class="ital">Department.</span> The North Carolina Department of Environment and Natural Resources.
               </p>
            <p class="p0">
               <span class="ital">Design Manual.</span> The State Stormwater Design Manual approved by the Department for the proper implementation
               of the State Minimum Design Criteria for engineered stormwater controls. All references
               herein to the design manual are to the latest published edition or revision.
               </p>
            <p class="p0">
               <span class="ital">Developer.</span> A person, including a governmental agency or redevelopment authority, who undertakes
               any development and who is the landowner of the property to be developed or who has
               been authorized by the landowner to undertake development on that property.
               </p>
            <p class="p0">
               <span class="ital">Development.</span> Any land-disturbing activity that increases the amount of built-upon area or that
               otherwise decreases the infiltration of precipitation into the soil. Development excludes
               any existing development or existing built-upon area that is onsite from stormwater
               requirements and project area and density calculations.
               </p>
            <p class="p0">
               <span class="ital">Development approval.</span> An administrative or quasi-judicial approval made pursuant to N.C.G.S. 160D-102 that
               is written and that is required prior to commencing development or undertaking a specific
               activity, project, or development proposal. Development approvals include, but are
               not limited to, zoning permits, site plan approvals, special use permits, variances,
               and certificates of appropriateness. The term also includes all other regulatory approvals
               required by regulations adopted pursuant to N.C.G.S. 160D-102, including plat approvals,
               permits issued, development agreements entered into, and building permits issued.
               </p>
            <p class="p0">
               <span class="ital">Division.</span> The Division of Water Quality in the Department.
               </p>
            <p class="p0">
               <span class="ital">Existing development or built-upon area.</span> Those projects that are built or those projects that have established a vested right
               under North Carolina law as of the effective date of this stormwater program.
               </p>
            <p class="p0">
               <span class="ital">Engineered stormwater control.</span> A physical device designed to trap, settle out, filter, or otherwise remove 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, vegetated
               conveyances, filter strips, grassed swales, and other methods installed or created
               on real property. "Engineered stormwater control" is synonymous with "structural practice,"
               "Primary SCM", "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 article.
               It is a broad term that may include practices that do not require design by a professionally
               licensed engineer.
               </p>
            <p class="p0">
               <span class="ital">Land disturbing activity.</span> Any use of the land that results in a change in the natural cover or topography that
               may cause or contribute to sedimentation.
               </p>
            <p class="p0">
               <span class="ital">Larger common plan of development or sale.</span> A site where multiple separate and distinct development activities may be taking
               place at different times on different schedules but governed by a single development
               plan regardless of ownership of the parcels. Information that may be used to determine
               a "common plan of development" include plats, blueprints, marketing plans, contracts,
               building permits, public notices or hearings, zoning requests, and infrastructure
               development plans.
               </p>
            <p class="p0">
               <span class="ital">Major variance.</span> A variance that is not a "minor variance" as that term is defined in this article
               that are more stringent than the state's minimum water supply protection rules and
               Neuse rules, a variance to this article is not considered a major variance as long
               as the result of the variance is not less stringent than the state's minimum requirements.
               </p>
            <p class="p0">
               <span class="ital">Minor variance.</span> A variance from the minimum statewide watershed protection or Neuse Stormwater rules
               that results in the relaxation of up to ten percent of any vegetated setback, density,
               or minimum lot size requirement applicable to low density development, or the relaxation
               of up to five percent of any vegetated setback, density, or minimum lot size requirement
               applicable to high density development. For variances to a vegetated setback requirement,
               the percent variation shall be calculated using the foot print of built-upon area
               proposed to encroach within the vegetated setback divided by the total area of vegetated
               setback within the project.
               </p>
            <p class="p0">
               <span class="ital">1-year, 24-hour storm.</span> The maximum amount of rainfall during a 24 consecutive hour period expected, on average,
               to occur once a year. One-year, 24-hour storm depths are estimated by the National
               Oceanic and Atmospheric Administration (NOAA) Precipitation Frequency Data Server
               (PFDS), which is herein incorporated by reference, including subsequent amendments
               and editions, and may be accessed at no cost at http://hdsc.nws.noaa.gov/hdsc/pfds/.
               </p>
            <p class="p0">
               <span class="ital">Outfall.</span> A point at which stormwater (1) enters surface water or (2) exits the property of
               a particular owner.
               </p>
            <p class="p0">
               <span class="ital">Owner.</span> 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.
               </p>
            <p class="p0">
               <span class="ital">Person.</span> Includes, without limitation, individuals, firms, partnerships, associations, institutions,
               corporations, municipalities and other political subdivisions, and governmental agencies.
               </p>
            <p class="p0">
               <span class="ital">Primary SCM.</span> 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, constructed and maintained in accordance with the state's
               minimum design criteria.
               </p>
            <p class="p0">
               <span class="ital">Project.</span> The proposed development activity for which an applicant is seeking a stormwater
               permit from the state or other entity in accordance with this section. "Project" shall
               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. Owners and developers of large developments consisting of many linked
               projects may consider developing a master plan or that illustrates how each project
               fits into the design of the large development.
               </p>
            <p class="p0">
               <span class="ital">Redevelopment.</span> Any land-disturbing activity that does not result in a net increase in built-upon
               area and that provides greater or equal stormwater control to that of the previous
               development.
               </p>
            <p class="p0">
               <span class="ital">Site Plan.</span> A scaled drawing and supporting text showing the relationship between lot lines and
               the existing or proposed uses, buildings, or structures on the lot. The site plan
               may include site-specific details such as building areas, building height and floor
               area, setbacks from lot lines and street rights-of-way, intensities, densities, utility
               lines and locations, parking, access points, roads, and stormwater control facilities
               that are depicted to show compliance with all legally required development regulations
               that are applicable to the project and the site plan review. A site plan approval
               based solely upon application of objective standards is an administrative decision
               and a site plan approval based in whole or in part upon the application of standards
               involving judgment and discretion is a quasi-judicial decision.
               </p>
            <p class="p0">
               <span class="ital">Stormwater.</span> The flow of water which results from precipitation and which occurs immediately following
               rainfall or a snowmelt.
               </p>
            <p class="p0">
               <span class="ital">Stormwater system.</span> All engineered stormwater controls and conveyances owned or controlled by a person
               that drain to the same outfall. A system may be made up of one or more engineered
               stormwater controls.
               </p>
            <p class="p0">
               <span class="ital">Subdivision.</span> The division of land for the purpose of sale or development as specified in G.S.
               160D-802.
               </p>
            <p class="p0">
               <span class="ital">Substantial progress.</span> 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 plan 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.
               </p>
            <p class="historynote0">
               (Ord. of 4-4-2023)
               </p></div>