§ 26-112. Definitions.

For the purposes of this article, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the words "should" or "may" are permissive. Unless otherwise specified, or apparent from the context, definitions herein will be the same as those in other Fulton County codes. For the purpose of this article, the following terms, phrases, and words, and their derivatives, shall have the meaning given herein:

Accidental discharge means a discharge of any non-stormwater related substance into the separate storm sewer that occurs by chance and without planning or consideration prior to occurrence.

Agricultural practices means practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land and farm ponds; and the construction of farm buildings, or other related activities per section 5.1 of the Zoning Resolution.

Applicant means a person submitting a post-development stormwater management application and plan for approval.

As-built plan or record drawing means a set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.

Best management practices (BMPs) means a wide range of management procedures and structures, activities, prohibitions or practices that have been demonstrated to effectively control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.

Board means the Fulton County Board of Commissioners.

Channel means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

Clean Water Act means the Federal Water Pollution Control Act, as amended (32 USC 1251 et seq.).

Conservation easement means an agreement between a land owner and the county or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

Cooling water means water used exclusively as cooling medium in an appliance, device, or apparatus.

County means unincorporated Fulton County, Georgia.

County commissioner means an elected official of the Fulton County Board of Commissioners.

County/separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, highways, rights-of-way, county streets, catchbasins, curbs, gutters, ditches, manmade channels, pipes, culverts, storm drains, detention ponds, other stormwater facilities) which are:

(1)

Owned or maintained by the county;

(2)

Designed or used for collecting or conveying stormwater;

(3)

Not a combined sewer; and

(4)

Not a part of publicly owned treatment works (POTW).

Design report means the report that accompanies the stormwater management plan and includes data used for engineering analysis, results of all analysis, design and analysis calculations (including results obtained from computer programs), and other engineering data that would assist the county in evaluating proposed stormwater management facilities.

Detention means the temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention facility, structure and/or pond means a permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff and release the stored runoff at controlled rates.

Developer means a person who undertakes land development activities.

Development means a land development or land development project.

Director of the department of public works or director means the duly designated department head of the public works department or his/her designee.

Discharge means the release of treated or untreated water, fluid or other substance to the county separate storm sewer system.

Drainage easement means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

Erosion and sedimentation control ordinance means the ordinance adopted by the county that controls, reduces, or eliminates soil erosion and its transportation to the county's lakes, rivers, and streams, latest revision.

Erosion and sedimentation control plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

Existing land use conditions means the ground surface in its original state before grading, excavating, or filling.

Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater.

Extreme flood protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters; or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Grading means excavating, filling (including hydraulic fill), or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.

Greenspace or open space means permanently protected areas of the site that are preserved in a natural state.

Hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

Hydrologic soil group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce significant runoff.

Illicit connection means any connection to the county's separate stormwater conveyance system (pipe, culvert, road, ditch, channel, draw or watercourse) that is not composed entirely of stormwater runoff or a connection that does not conform to an approved stormwater management plan from the county, other than the NPDES permit for discharging from the county separate storm system.

Impervious cover means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

Industrial stormwater permit means a National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration means the process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

Issuing department means that department in the county that has been designated as the department with the authority over the issuance, inspection, enforcement, and acceptance of permits for the sole purpose of developing or improving land, or building or constructing structures, utilities, public improvements (including stormwater management facilities), or other facilities located within the county.

Jurisdictional wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Land development means any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.

Land development activities means those actions or activities which comprise, facilitate or result in land development.

Land development project means a discrete land development undertaking.

Land disturbance permit means a permit issued by the county which must be obtained prior to the beginning of any land disturbing activity.

Land disturbing activity means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and/or quantity of stormwater runoff.

Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article or prevent structural failure of such facilities. Maintenance shall not include actions taken solely for the purpose of enhancing the aesthetic aspects associated with stormwater management facilities and BMPs.

National Pollutant Discharge Elimination System (NPDES) permit means a permit issued by the appropriate authority in accordance with the U.S. Environmental Protection Agency (EPA) regulations which require certain jurisdictions to obtain permits to discharge stormwater into waterbodies of the U.S.

New development means a land development activity on a previously undeveloped site.

Non-erodible means a material, e.g., natural rock, riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces of wind, water, ice, gravity, or a combination of those forces except over a long period of time.

Nonpoint source pollution means a form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Non-structural stormwater management practice or non-structural practice means any natural or planted vegetation or other non-structural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

Off-site facility means a stormwater management facility located outside the boundaries of the site.

On-site facility means a stormwater management facility located within the boundaries of the site.

Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events.

Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Permit means the permit issued by the county to the applicant which is required for undertaking any land development activity.

Permittee means the applicant who has applied for and/or been granted a permit for disturbance of the land by the governing agency.

Person means any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, estate trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.

Person responsible for the land disturbing activity means:

(1)

The person who has or represents having financial or operational control over the land disturbing activity; and/or

(2)

The landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of this article.

Pollution means the contamination or other alteration of any water's physical, chemical, or biological properties, including changes in the temperature, taste, color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

Post-development refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

Private means property or facilities owned by individuals, corporations, and other organizations and not by the county government or other governing entity.

Pre-development refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

Procedure means a procedure adopted by the utility, by and through the director, to implement a regulation or regulations adopted under this article, or to carry out other responsibilities as may be required by this article or other codes, ordinances, or resolutions of the county.

Project means the entire proposed development regardless of the size of the area of land to be disturbed.

Public works department means the department within the county responsible for all stormwater management activities and implementation of the provisions of this article.

Redevelopment means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Regional stormwater management facility or regional facility means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Responsible personnel means any foreman, superintendent, or similar individual who is the onsite person in charge of land disturbing activities.

Retention structure and/or pond means a permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff. Release of the given volume is by infiltration and/or evaporation.

Right-of-way means a portion of land over which a local or state government has designated a right of use.

Runoff means stormwater runoff.

Site means the parcel of land being developed, or the portion thereof on which the land development project is located.

Stormwater better site design means non-structural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for non-structural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

Stormwater concept plan means the overall proposal for a storm drainage system, including stormwater management structures and BMPs and supporting documentation, as specified in the Stormwater Management Design and Criteria Manual. The purpose of the stormwater concept plan is to define on a conceptual level the nature of the proposed development or project and to describe all existing conditions and proposed facilities needed to conform the requirements of the county.

Stormwater management means the collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner to minimize accelerated channel erosion, increased flood damage, and/or degradation of water quality and in a manner to enhance and ensure the public health, safety, and general welfare, which shall include a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land.

Stormwater Management Design and Criteria Manual means the most recent approved manual of design, performance, and review criteria for stormwater management practices, prepared under the direction of the director of the department of public works or his/her agent. Copies of this manual can be obtained from the public works department.

Stormwater management districts means any districts established by the board of commissioners where there are special assessments of property owners for the purpose of management and maintenance of stormwater.

Stormwater management facilities means those structures and facilities that are designed for the collection, conveyance, storage, treatment, and disposal of stormwater runoff into and through the drainage system. In most cases, stormwater management facilities will refer to facilities whose primary purpose is related to the quantity of stormwater, and where the BMPs primary purpose will be related to water quality concerns of stormwater.

Stormwater management master plan means the plans for the unincorporated county that govern storm drainage and related facilities, existing and proposed, for all drainage basins and/or watersheds within the county.

Stormwater management measure means any stormwater management facility or non-structural stormwater practice.

Stormwater management plan means the plan and supporting documentation that serves to define and expand the concepts shown as part of the stormwater concept plan, or is sufficient of itself to ensure conformance to the criteria in the Comprehensive Stormwater Management Design and Criteria Manual and this article.

Stormwater management qualitative control means a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.

Stormwater management system means the entire set of structural and non-structural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.

Stormwater retrofit means a stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

Stormwater runoff means the direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain, or other concentrated flow during and following the precipitation.

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff.

Subdivision means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Variance means the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this article.

Waiver means the relinquishment from stormwater management requirements by the director of the issuing department or his/her agent for a specific land disturbing activity on a case-by-case review basis.

Waste means materials that are discarded, disposed of, or no longer usable.

Water quality means those characteristics of stormwater runoff from a land disturbing activity that relates to the physical, chemical, biological, or radiological integrity of water.

Water quantity means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff to downstream areas resulting from land disturbing activities.

Zoning Resolution of Fulton County (Z.R.F.C.) means the rules and regulations that address zoning and development within the unincorporated areas of the county, latest revision.

(95-0093, art. II, § B, 3-15-95; Ord. No. 08-0194, 2-20-08)

Cross reference

Definitions generally, § 1-2.