[Adopted 8-10-2010 by Ord. No. 329; amended in its entirety 9-9-2013 by Ord. No. 358]
The purpose of this ordinance is to ensure public safety; minimize
hazards to persons and property from flooding, to protect watercourses
from encroachment, and to maintain the capability of floodplains to
retain and carry off floodwaters. The Town of Charlestown elects to
comply with the requirements of the National Flood Insurance Act of
1968 (P.L. 90-488, as amended).
Unless specifically defined below, words and phrases used in
this ordinance pertain to floodplain management, have the same meaning
as they have in common usage and to give this ordinance its most reasonable
application.
ACCESSORY STRUCTURE
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
BASE FLOOD
The flood having a one (1) percent chance of being equaled
or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or 100-year
flood. The height, as established in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum where specified), in
relation to mean sea level expected to be reached by the waters of
the base flood at pertinent points in the floodplains of coastal and
riverine areas.
BASEMENT
Any area of a building having its floor subgrade (below ground
level) on all sides.
BUILDING
see definition for "Structure".
COASTAL A ZONE
Area within a special flood hazard area, landward of a V
Zone or landward of an open coast without mapped V Zones. The principal
source of flooding must be astronomical tides, storm surges, seiches,
or tsunamis, not riverine flooding. During the base flood conditions,
the potential for breaking wave heights shall be greater than or equal
to 1.5 feet.
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include: cost of plans and specifications, survey
costs, permit fees, costs to correct code violations subsequent to
a violation notice, outside improvements such as septic systems, water
supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures such as garages, sheds, and gazebos.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured home are to be affixed (including, as 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.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
FLOOD PROOFING
Any combination of structural and non-structural 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 discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height. For the purposes of these regulations, the term
"Regulatory Floodway" is synonymous in meaning with the term "Floodway".
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
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities.
HIGHEST ADJACENT GRADE (HAG)
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: (a) 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; (b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; (c)
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 (d) Individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either: (1) By an approved state program
as determined by the Secretary of the Interior or (2) 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, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; Provided, that
such enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of § 60.3.
MANUFACTURED HOME
A structure, transportable in one (1) 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".
MARKET VALUE
Market value is the price of a structure that a willing buyer
and seller agree upon. This can be determined by an independent appraisal
by a professional appraiser; the property's tax assessment, minus
land value; the replacement cost minus depreciation of the structure;
the structure's Actual Cash Value.
NEW CONSTRUCTION
Structures for which the ''start of construction''
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain management purposes,
new construction means structures for which the start of construction
commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements
to such structures.
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home 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 floodplain regulations adopted by the
community.
RECREATIONAL VEHICLE
A vehicle which is: (a) built on a single chassis; (b) four
hundred (400) square feet or less when measured at the largest horizontal
projection; (c) designed to be self-propelled or permanently towable
by a light duty truck; and (d) designed primarily not for use as a
permanent dwelling but as a temporary living quarters for recreational,
camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to
a one (1) percent or greater chance of flooding in any given year.
After detailed ratemaking has been completed in preparation for publication
of the flood insurance rate map, Zone A usually is refined into Zones
A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, or V1-30, VE or V. For purposes of these regulations, the term
"special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard".
START OF CONSTRUCTION
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
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within one hundred and eighty (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 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, piers, or foundations or the erections 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.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
B.
For insurance purposes, means:
(1)
A building with two or more outside rigid walls and a fully
secured roof, that is affixed to a permanent site;
(2)
A manufactured home ("a manufactured home," also known as a
mobile home, is a structure; built on permanent chassis, transported
to its site in one or more sections, and affixed to a permanent foundation);
or
(3)
A travel trailer without wheels, built on a chassis and affixed
to a permanent foundation, that is regulated under the community's
floodplain management and building ordinances or laws.
C.
For the latter purpose, "structure" does not mean recreational
vehicle or a park trailer or other similar vehicle, except as described
in paragraph B(3) of this definition, or a gas or liquid storage tank.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to before damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvements
to a structure, the cost of which equals or exceeds 50 percent 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:
A.
Any project 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
B.
Any alteration of the "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
VARIANCE
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
VIOLATION
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. Construction
or other development without required permits, lowest floor elevation
documentation, flood-proofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.