Unless specifically defined below, 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.
A request for a review of the Township Construction Code
Official's interpretation of any provision of this chapter or a request
for a variance.[1]
Land in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
"A" or "AE."
[Amended 11-14-2017 by Ord. No. 17-OR-030]
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zone
AE, the elevation represents the water surface elevation resulting
from a flood that has a one-percent or greater chance of being equaled
or exceeded in any given year.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
Any area of the building having its floor subgrade (below
ground level) on all sides.
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 supporting foundation system.
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.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Township.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
A nonbasement building i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood 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.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
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 before the effective date of
the floodplain management regulations adopted by the Township.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Township.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Maps
and the water surface elevation of the base flood.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
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 the 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 11-14-2017 by Ord.
No. 17-OR-030]
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.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
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 accumulatively increasing the water surface elevation more
than 0.2 foot.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
Any structure that is:
[Added 11-14-2017 by Ord.
No. 17-OR-030]
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 to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR Section
60.3.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
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 attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The value of the structure before the improvement is undertaken
or before damage occurred, not including the value of land and site
improvements. Market value will be based on the adjusted assessed
value of the structure as determined by the Township Tax Assessor
using the equalized assessed value.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structures.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
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 this chapter.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
A vehicle which is i) built on a single chassis; ii) 400
square feet or less when measured at the longest horizontal projections;
iii) designed to be self-propelled or permanently towable by a light
duty truck; and iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided 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 pilings,
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 and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings
or 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 structural part of a building, whether or not that
alteration affects the external dimensions of the building.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 11-14-2017 by Ord. No. 17-OR-030]
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 Officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 11-14-2017 by Ord.
No. 17-OR-030]
[1]
Editor’s Note: The former definition of “area
of shallow flooding,” which immediately followed this definition,
was repealed 11-14-2017 by Ord. No. 17-OR-030.