City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Area Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Amended 8-22-2018 by Ord. No. 18-2018]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent annual chance event depicted on the Advisory Flood Hazard Area Map.
[Amended 8-22-2018 by Ord. No. 18-2018]
ADVISORY FLOOD HAZARD AREA MAP
The official map on which the Federal Emergency Management Agency has delineated the areas of advisory flood hazards applicable to the community.
[Amended 8-22-2018 by Ord. No. 18-2018]
AH ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
[Added 8-22-2018 by Ord. No. 18-2018]
AO ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.
[Added 8-22-2018 by Ord. No. 18-2018]
APPEAL
A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM), with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate 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. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
[Amended 8-22-2018 by Ord. No. 18-2018]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year (also known as a "one-hundred-year flood").
[Amended 8-22-2018 by Ord. No. 18-2018]
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 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. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Added 8-22-2018 by Ord. No. 18-2018]
BASEMENT
The lowest level or story which has its floor subgrade on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The effective Flood Insurance Risk Maps or most recent Advisory Flood Hazard Area Maps FEMA has provided.
[Added 8-22-2018 by Ord. No. 18-2018]
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
Is depicted on the effective FIRM or FIS, or an Advisory Flood Hazard Area Map or Advisory FIS.
[Added 8-22-2018 by Ord. No. 18-2018]
BREAKAWAY WALLS
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.
[Amended 8-22-2018 by Ord. No. 18-2018]
COASTAL A ZONE
The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/Coastal High Hazard Areas.
[Added 8-22-2018 by Ord. No. 18-2018]
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for five years.
[Added 8-22-2018 by Ord. No. 18-2018]
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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
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 or, in the case of a building in a coastal high-hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the base flood elevation plus freeboard by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water, and adequately anchored so as to not 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. In areas of coastal high-hazard and Coastal A Zone, "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.
[Amended 8-22-2018 by Ord. No. 18-2018]
EROSION
The process of gradual wearing away of land masses.
[Amended 8-22-2018 by Ord. No. 18-2018]
EXISTING 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 before the effective date of the floodplain management regulations adopted by a community.
[Added 8-22-2018 by Ord. No. 18-2018]
FLOOD INSURANCE RATE MAP (FIRM)
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 community.
FLOOD INSURANCE STUDY (FIS)
The official report 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.
[Amended 8-22-2018 by Ord. No. 18-2018]
FLOOD or CONDITION OF FLOODING
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.
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.
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 federal, state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
[Amended 8-22-2018 by Ord. No. 18-2018]
FLOODPROOFING
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 8-22-2018 by Ord. No. 18-2018]
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.
FREEBOARD
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 conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
[Added 8-22-2018 by Ord. No. 18-2018]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
[Amended 8-22-2018 by Ord. No. 18-2018]
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.
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
INCREASE COST OF COMPLIANCE (ICC)
The coverage by a standard flood insurance policy under the NFIP that provides for the payment of a claim for the cost to comply with the State of New Jersey and the City of Linwood flood management laws and ordinances after a direct physical loss by flood, the City of Linwood declares the structure to be “substantially” or “repetitively” flood damaged. ICC coverage is provided for in every standard NFIP flood policy, and will help pay for the cost to floodproof, relocate, elevate, or demolish the structure.
LATERAL ADDITION
Improvements that increase the square footage of a structure. Commonly, this includes the structural attachment of a bedroom, den, recreational room, enclosed porch, or other type of addition to an existing structure. If the addition is a "substantial improvement," then the existing home and addition needs to be elevated to the higher regulatory standard plus freeboard pursuant to the best available data. If the addition is being constructed in conjunction with improvements to the existing structure and the sum of the renovations are equal to a "substantial improvement," then the addition and existing home need to be elevated to the best available data plus freeboard. If the common wall is demolished as part of the project, then the entire structure must be elevated. If only a doorway is knocked through it and only minimal finishing is done, then only the addition has to be elevated.
[Amended 8-22-2018 by Ord. No. 18-2018]
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the 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 60.3.
[Amended 8-22-2018 by Ord. No. 18-2018]
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 recreational vehicle.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For the purpose of the NFIP, the North America Vertical Datum (NAVD) 1988, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced in regards to the average height of the sea for all stages of the tide.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the floodplain regulation adopted by a community and include 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.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
[Added 8-22-2018 by Ord. No. 18-2018]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; is 400 square feet or less when measured at the longest horizontal projection; is designed to be self-propelled or permanently towable by a light-duty truck; and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
(1) 
Four or more paid flood loses of more than $1,000 each; or
(2) 
Two paid flood losses within a ten-year period that, in the aggregate, equal or exceed the current value of the insured property; or
(3) 
Three or more paid loses that, in the aggregate, equal or exceed the current value of the insured property.
(1) 
Any residential property that is covered under an NFIP flood insurance policy, and:
(a) 
That has at least four NFIP claim payments (building payments and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or
(b) 
For which at least two separate payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building.
(2) 
For both Subsection (1)(a) and (b) above, at least two of the referenced claims have occurred within any ten-year period, and must be greater than 10 days apart.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvements 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 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 8-22-2018 by Ord. No. 18-2018]
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above the ground.
[Amended 8-22-2018 by Ord. No. 18-2018]
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 damage also means flood-related damages sustained by a structure on two or more separate occasions during a five-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damages occurred.
[Amended 8-22-2018 by Ord. No. 18-2018]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure during a five-year period, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means "cumulative substantial improvement." This term includes structures which have incurred substantial damage, regardless of the actual repair work performed or repetitive loss. The term does not, however, include either:
[Amended 8-22-2018 by Ord. No. 18-2018]
(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 to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter, where specific enforcement would result in unnecessary hardship.
VIOLATION
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 8-22-2018 by Ord. No. 18-2018]