§ 18-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accelerated erosion means any increase over the rate of natural erosion as a result of land-disturbing activity.
Act means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.
Adequate erosion control measure, structure or device means one which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.
Affiliate means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person.
Being conducted means a land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.
Best management practice (BMP) means a structural device, measure, facility, or activity which helps to achieve soil erosion and stormwater management control objectives at a designated site as recognized in the most recent version of the North Carolina Division of Water Quality, Stormwater Best Management Practices Manual.
Board of adjustment means the Rowan County Zoning Board of Adjustment.
Board of commissioners means the Rowan County, North Carolina Board of Commissioners.
Borrow means fill material which is required for on-site construction and is obtained from other locations.
Buffer zone means the strip of land adjacent to a lake or natural watercourse.
Clearing means the removal of existing ground cover of a site prior to development that may include but not be limited to removal of structures, deforestation, etc.
Commission means the North Carolina State Sedimentation Control Commission.
Completion of construction or development means that no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
Department means the North Carolina Department of Environment, and Natural Resources.
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing grading, paving, excavation or drilling operations or storage of equipment or materials.
Director means the director of the division of land resources of the department of environment and natural resources.
Discharge point means that point at which runoff leaves a tract of land.
District means the Rowan County Soil and Water Conservation District created pursuant to G.S. Ch. 139.
Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.
Erosion means the wearing away of land surface by the action of wind, water, gravity or any combination thereof.
Financial responsible owner (FRO) means the person financially responsible for the land disturbing activity being conducted.
Ground cover means any natural vegetative growth or other material which renders the soil surface against accelerated erosion.
Ground level improvements means ground level loading areas, parking areas, patios and other similar ground level uses that will not occupy additional volume of the floodplain area during times of flooding.
High quality waters means those classified as such in 15A NCAC 2B.0101(e)(5), General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B-14(c).
High quality water (HQW) zones means areas that are within one (1) mile and drain to HQWs.
Impervious surface. Any material that significantly reduces and prevents natural infiltration of water into the soil. Impervious surfaces include but are not limited to roofs, patios, balconies, decks, streets, parking areas, driveways, sidewalks, and any concrete, stone, brick, asphalt, or compacted gravel surface. For purposes of this chapter, the effective impervious coverage of certain surfaces listed below are:
(1)
Asphalt, concrete, crush and run gravel, masonry, marl, wood, and other impermeable surfaces which prevent land area from infiltrating stormwater are one hundred (100) percent impervious.
(2)
Porous surfaces which permit direct infiltration of unconcentrated stormwater into ground areas so that the first one-half (½) inch of stormwater infiltrates into the ground are seventy (70) percent impervious.
(3)
Slatted wood decks that allow the drainage of water through the slats to an unpaved surface below are fifty (50) percent impervious.
(4)
Ungraveled natural footpaths, water surfaces of swimming pools, and drain fields are zero (0) percent impervious.
All other necessary determinations about impervious surfaces will be based on hydrological tests considering existing subgrade soils, slope, rainfall intensity and rainfall duration.
Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
Land-disturbing activity means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
Local government means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns and cities, acting through a joint program pursuant to the provisions of the Act.
Natural erosion means the wearing away of the earth's surface by water, wind or other natural agents under natural environmental conditions undisturbed by man.
Parent means an affiliate that directly, or indirectly through one or more intermediaries, controls another person.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body or other legal entity.
Person conducting land-disturbing activity means any person who may be held responsible for a violation unless expressly provided otherwise by this chapter, the Act or any order adopted pursuant to this chapter or the Act.
Person responsible for the violation, as used in this chapter and G.S. 113A-64, means:
(1)
The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or
(2)
The landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbing activity or has benefited from it or he has failed to comply with a duty imposed by any provision of this chapter, the Act or any order adopted pursuant to this chapter or the Act.
Phase of grading means one (1) of two (2) types of grading, rough or fine.
Plan means erosion and sedimentation control plan.
Post-development conditions means predevelopment conditions together with the land use, drainage and impervious conditions that would exist on the site if all proposed development plans for the site are fully completed.
Predevelopment conditions means the land use, drainage, and impervious surface conditions existing on the site at the time plans are submitted for approval, including any previously approved development plans for the site which has not expired, and projects which have an outstanding valid building permit or an established vested right in compliance with all applicable General Statutes, and/or Rowan County Ordinances.
Rowan County means the staff members of the Rowan County Planning and Development Department or any agents, officials or other qualified personnel of the County who are authorized to enforce the provisions of this chapter.
Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity or ice from its site of origin.
Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
Sewershed means a drainage area in which sources of sewerage flow by either gravity or pumping to reach a common collection point.
Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water.
Storm drainage facilities means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
Stormwater runoff means the surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting.
Subsidiary means an affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person.
Ten-year storm means the stormwater runoff resulting from precipitation of an intensity expected to be equaled or exceeded, on the average, once in ten (10) years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
Top-of-bank. For the purposes of the sewershed district(s), the point on a stream's cross-section defined by the bankfull elevation or the highest point in elevation immediately adjacent to the stream channel, whichever is greater.
Town Creek District. The Town Creek District is the Town Creek Watershed, including all lands which carry precipitation in the form of stormwater, via natural or manmade conveyances, down-slope to Town Creek and its tributary streams. The Town Creek District boundaries are as defined in Exhibit 1.
Note— Exhibit 1 can be located at the end of this chapter 18.
Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
Twenty-five-year storm means the stormwater runoff from precipitation of an intensity expected to be equaled or exceeded on the average once in twenty-five (25) years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
Two-year storm means the stormwater runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in two (2) years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
Uncovered means the removal of ground cover from, on or above the soil surface.
Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.
Velocity means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.
Waste means the surplus materials resulting from on-site land-disturbing activities and disposed of at other locations.
Water-dependent structure. A structure, excluding habitable structures used for water access including, but not limited to, docks, marinas, and boat ramps.
Working days means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.
(Amend. of 7-7-08)