§ 6-601. Terms Defined

When used in this Ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this Ordinance specifically indicate otherwise.

Applicator. Person who applies fertilizer to the land or the immediate supervisor of such person.

Best Management Practice (BMP). Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or nonstructural and may take the form of a process, activity, physical structure or planning.

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.

Clean Water Act. The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et seq.

Common Plan of Development. A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways:

•

In separate stages

•

In separate phases

•

In combination with other construction activities

It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, 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.

It can include one operator or many operators.

Consultant. Person who is hired to provide professional advice to another person.

Department. The North Carolina Department of Environment and Natural Resources.

Design Manual. The stormwater design manual approved for use in Phase II jurisdictions by the Department for the proper implementation of the requirements of the federal Phase II stormwater 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 or precipitation into the soil.

Director. The Director of the Division of Water Quality is the North Carolina Department of Environment and Natural Resources.

Division or DWQ. The Division of Water Quality in the Department.

EMC. The North Carolina Environmental Management Commission.

Grab Sample. An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge.

Hazardous Substance. Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.

High-density project. Any project that exceeds the low-density threshold for dwelling units per acre or built-upon area.

Illicit Discharge. Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire-fighting activities.

Industrial Activity. For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26.

Low-density project. A project that has no more than two dwelling units per acre or twenty-four percent built-upon area (BUA) for all residential and non-residential development.

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.

Municipal Separate Storm Sewer System (MS4). Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

(i)

Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State.

(ii)

Designed or used for collecting or conveying stormwater;

(iii)

Which is not a combined sewer; and

(iv)

Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.

Non-structural BMP. Non-structural BMPs are preventive actions that involve management and source controls such as:

(1)

Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation;

(2)

Policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure;

(3)

Education programs for developers and the public about minimizing water quality impacts;

(4)

Other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention.

1-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. For design purposes, the 1-year, 24-hour storm produces approximately 3.0 inches of rain in the Burlington Area.

Outfall. The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater.

Owner. 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.

Point Source Discharge of Stormwater. Any discernible, confined and discrete conveyance including, but not specifically to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state.

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 stormwater control than the previous development.

Stormwater Runoff. The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt.

Structural BMP. A physical device designed to trap, settle out, or filter 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. 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", "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 ordinance.

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 thirty (30) calendar 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.

Toxic pollutant. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.