Unless specifically defined in § 199-6, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
As used in this chapter, the following terms
shall have the meanings indicated:
A request for a review of the Township Engineer's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
[Amended 6-11-2009 by Ord. No. 2009-06; 9-24-2009 by Ord. No.
2009-06A]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of a building having its floor subgrade (below ground
level) on all sides.
[Added 3-5-1987 by Ord. No. 87-11]
A wall that is not part of the structural support of a 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 supporting foundation system.
[Added 3-5-1987 by Ord. No. 87-11]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.[1]
[Amended 9-24-2009 by Ord. No. 2009-06A]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
A nonbasement building which is built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor, or, in the case of a building in a coastal high-hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor, elevated above the ground level by means of piling,
columns (posts and piers) or sheer walls parallel to the flow of the
water, and which is adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
[Added 3-5-1987 by Ord. No. 87-11]
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.[2]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Digital
Flood Insurance Rate Map (DFIRM) and the water surface elevation of
the base flood.
[Amended 9-24-2009 by Ord. No. 2009-06A]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 of a foot.[3]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
Any structure that is:
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for the
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 not built so as to render the structure in violation
of other applicable nonelevation design requirements.
[Added 3-5-1987 by Ord. No. 87-11]
A structure transportable in one or more sections which is
built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include recreational
vehicles.
[Added 3-5-1987 by Ord. No. 87-11; amended 9-24-2009 by Ord. No.
2009-06A]
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
[Added 3-5-1987 by Ord. No. 87-11]
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structure.[4]
[Amended 9-24-2009 by Ord. No. 2009-06A]
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 either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the
permit date. The "actual start" means either the first placement of
permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the 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, filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation of a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds,
not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the "actual start of construction"
means the first alteration of any wall, ceiling, floor, or other structure
part of a building, whether or not that alteration affects the external
dimensions of the building.
[Amended 3-5-1987 by Ord. No. 87-11; 6-11-2009 by Ord. No. 2009-06; 9-24-2009 by Ord. No. 2009-06A]
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above the ground.
[Amended 9-24-2009 by Ord. No. 2009-06A]
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% of the market value of the structure before the
damage occurred.
[Added 6-11-2009 by Ord. No. 2009-06; amended 9-24-2009 by Ord. No.
2009-06A]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. 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 building commences, whether
or not that alteration affects the external dimensions of the structure.
This term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which is solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
[1]
Editor's Note: The definitions of "existing
mobile home park or mobile home subdivision" and "expansion to an
existing mobile home park or mobile home subdivision," both of which
definitions immediately followed this definition, were repealed 3-5-1987
by Ord. No. 87-11.
[2]
Editor's Note: The former definition of "Flood Insurance Rate
Map (FIRM)," which immediately followed this definition, was repealed
9-24-2009 by Ord. No. 2009-06A
[3]
Editor's Note: The definitions of "habitable
floor" and "mobile home," which immediately followed this definition,
were repealed 3-5-1987 by Ord. No. 87-11.
[4]
Editor's Note: The definition of "new mobile
home park or mobile home subdivision," which immediately followed
this definition, was repealed 3-5-1987 by Ord. No. 87-11.
