As used in this chapter, the following terms shall have
the meanings indicated:
APPEAL
A request for a review of the Borough Administrator's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance
Rate Map with a 1% or greater chance of flooding to an average depth of one
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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one percent chance of being equaled or exceeded
in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground
level) on all sides.
BREAKAWAY WALL
A wall that is 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.
DEVELOPMENT
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.
ELEVATED BUILDING
A nonbasement building 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 ground level by means of piling, columns (posts and piers), or shear walls
parallel to the flow of the water and 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.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters; and/or
(2)
The unusual and rapid accumulation or runoff of surface waters from
any source.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map and the
water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
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.
FLOODWAY
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 foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district
preliminarily determined by the Secretary to qualify as a registered historic
district;
(3)
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
(4)
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(a)
By an approved state program as determined by the Secretary of the Interior;
or
(b)
Directly by the Secretary of the Interior in states without approved
programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, useable solely for the parking
of vehicles, building access or storage in an area other than a basement is
not considered a buildings lowest floor, provided that such enclosure is not
built so to render the structure in violation of other applicable nonelevation
design requirements.
MANUFACTURED HOME
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 recreation vehicle.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after
the effective date of a floodplain regulation adopted by a community and includes
any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the longest horizontal
projections;
(3)
Designed to be self-propelled or permanently towable by a light duty
truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
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 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 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.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid
storage tank that is principally above ground.
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% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which 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:
(1)
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
(2)
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
VARIANCE
A grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.