§ 110-50. Definitions by Category/Chapter.

110-50.0  The following definitions are to be applied in Chapter 265, Temporary Outdoor Activity Uses:

Agriculture oriented recreational uses shall include Christmas tree/pumpkin lots, hayrides, corn-mazes, petting zoos, and pony rides.

Goods and merchandise shall mean tangible or movable personal property, other than money.

Holiday activities shall mean seasonal activities associated with federally-recognized holidays and Halloween.

Temporary outdoor activity shall mean for-profit activities involving the temporary outside sale of goods and merchandise in association with an existing business located on the premises as the principal use of the premises and shall also include agriculture oriented recreational uses. The term shall include the sale of farm produce, carnivals, or the sale of Christmas trees from property which is vacant or which contains a separate and distinct primary use. Temporary outdoor activities shall occur in non-enclosed areas.

Temporary outdoor activity permit shall mean written authorization by the Director of the Department of Planning and Development, or his designee, for the applicant to engage in temporary outdoor activities at a specified, fixed location meeting all requirements of this article.

(Ord. No. UDOA2015-00004(GCID No. 2015-0882), Exh. A, 9-22-15)

110-50.1  The following definitions are to be applied in Chapter 400, Soil Erosion, Sedimentation and Pollution Control:

Best Management Practices: These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Best management practices are a collection of structural measures and vegetative practices which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in Georgia Law.

Board: The Georgia Board of Natural Resources.

Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission: The Georgia Soil and Water Conservation Commission.

Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying: or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by a Certified Professional in Erosion and Sediment Control Inc.

Director of EPD: The Director of the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources.

District: The Gwinnett County Soil and Water Conservation District.

Division: The Environmental Protection Division (EPD) of the Department of Natural Resources.

Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Ground Elevation: The original elevation of the ground surface prior to cutting or filling.

Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Local Issuing Authority (LIA): The governing authority of any county or municipality which is certified pursuant to Georgia Law.

Notice of Intent (NOI): A notice of intent form provided by EPD for coverage under the state general permit.

Notice of Termination (NOT): A notice of termination form provided by EPD to terminate coverage under the state general permit.

Properly Designed: Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of the NOI submittal.

Qualified Personnel: Any person who meets or exceeds the education and training requirements of Georgia Law.

Soil and Water Conservation District Approved Plan: An Erosion, Sedimentation and Pollution Control Plan approved in writing by the Gwinnett County Soil and Water Conservation District.

Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State General Permit: The National Pollution Discharge Elimination System general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., of Georgia Law.

Stormwater Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.

Structural Erosion, Sedimentation and Pollution Control Measures: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control measures are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such measures are found in the publication "Manual for Erosion and Sediment Control in Georgia".

110-50.2  The following definition is to be applied in Chapter 500 Riparian Buffers.

Trout Streams: All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, Georgia Law, and in the Georgia Rules and Regulations Water Quality Control, Chapter 391-3-6. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

110-50.3  The following definitions are to be applied in Chapter 700, Floodplain Management.

Addition (to an existing structure): Any walled and roofed expansion to the perimeter or height of a building.

Base Flood: The flood which has a one percent probability of occurring in any calendar year. (i.e., the 100 year frequency flood).

Base Flood Elevation: The highest water surface elevation anticipated at any given point during the base flood.

Basement: That portion of a building having its floor subgrade (below ground level) along all or a majority of its perimeter length, and includes the term "cellar".

Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building: Same meaning as "Structure".

Compensation: The replacement of flood storage capacity lost as the result of floodplain encroachment.

Development: All activities associated with man-made changes to improved or unimproved real estate and the conversion of land or the expansion or replacement of an existing use to any new use intended for human operation, occupancy or habitation, other than for agricultural purposes devoted strictly to the cultivation of the land, dairying or animal husbandry. Such activities include but are not limited to buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations, storage of equipment or materials, water or sewer mains, storm water drainage facilities, sidewalks or other structures permanently placed on or in the property.

Elevated Building: A non-basement building with the lowest elevated floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Existing Construction: Any structure for which the "start of construction" commenced before April 9, 1975.

Federal Emergency Management Agency (FEMA): The Federal Agency which administers the National Flood Insurance Program. This Agency prepares, revises and distributes the maps and studies referenced in this ordinance.

Flood Boundary and Floodway Map: The official map issued by the Federal Emergency Management Agency, where the boundaries of the floodways are shown and the areas of Special Flood Hazard have been defined as Zone "A".

Flood Hazard Area: See "Floodplain".

Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency Management Agency has delineated both the areas of Special Flood Hazard and the applicable risk premium zones.

Flood Insurance Study: The official report provided by the Federal Emergency Management Agency (FEMA) Administration examining and evaluating flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Floodplain, 100-Year: Those lands subject to flooding, which have at least a one percent probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the Flood Boundary and Floodway Map as prepared by the Federal Emergency Management Agency (FEMA).

Flood Prone Area: Any land area subject to flooding.

Flood Proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to: 1) discharge the base flood without cumulatively increasing the water surface elevation more than one foot above the base flood elevation; or, 2) discharge the future conditions flood without cumulatively increasing the water surface elevation more than one foot above the future conditions flood elevation. The more restrictive shall apply.

Functionally Dependent Use: A use which cannot be used for its intended purpose unless it is located or carried out in close proximity to water.

Future Conditions Flood Elevation: This flood standard is equal to or higher than the Base Flood Elevations. The highest water surface elevation anticipated at any given point during the future conditions flood.

Future Conditions Flood Hazard: The land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

Future Conditions Floodplain: Any land area susceptible to flooding by the future-conditions flood.

Future Conditions Hydrology: The flood discharges associated with the drainage basin being fully developed as shown on the currently adopted Gwinnett County's 2030 Unified Plan. Only detention that can be shown that it will remain (i.e. owned by County) and is large enough to be included in the hydrograph routings shall be considered when determining the flood peak. No consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation shall be given.

Lowest Floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is constructed in accordance with the provisions of this ordinance.

Manufactured Home: A structure (or building), transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes mobile homes, park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Manufactured Home Park or Subdivision, Existing: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading of the pouring of concrete pads) is completed before April 9, 1975.

Manufactured Home Park or Subdivision, Expansion to an Existing: Preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Manufactured Home Park or Subdivision, New: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be fixed (including at a minimum, the installation of utilities, and the construction of streets) April 10, 1975.

Start of Construction: Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including manufactured home) on a site, such as pouring slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or not part of the main structure.(Note: accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alternation of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure: A walled and roofed building (including gas or liquid storage tank), that is principally above ground, or a manufactured home.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantially Improved Existing Manufactured Home Parks or Subdivisions: Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction of improvement commenced.

Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a 10-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the structure should be:

A.

The appraised value of the structure prior to the start of the initial repair or improvement; or

B.

In the case of damage, the value of the structure prior to the damage occurring.

C.

This term includes structures which have incurred "repetitive loss" or "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Violation: The failure of a structure or other development to be fully compliant with Chapter 700 of this Ordinance. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in Chapter 700 is presumed to be in violation until such time as that documentation is provided.

(Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15)

110-50.4  The following definitions are to be applied in Chapter 800, Stormwater Management.

Best Management Practices: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the Prohibited Discharge Standards and as contained in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Procedure: A procedure adopted by the Department, by and through the director, to implement a regulation or regulations, or to carry out other responsibilities as may be required by this Ordinance or other codes, ordinances or resolutions of the county or other agencies.

Post-development: The time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity.

Potable Water: Any public potable water supply that has been investigated and approved by the EPD. The system must be operating under a valid health permit issued by the EPD. In determining what constitutes an approved water supply, the EPD has final judgment as to its safety and potability.

Pre-development: 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.

Stormwater Management Facility: Any infrastructure that controls or conveys stormwater runoff.

Stormwater Retrofit: 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.