As used in this chapter, the following terms shall have the meanings
indicated:
ADDITION (TO AN EXISTING BUILDING)
Any walled and roofed expansion to the perimeter of a building
in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected
by a fire wall or is separated by independent perimeter load-bearing
walls is new construction.
APPEAL
A request for a review of the Town Engineer's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) 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.
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.
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or one-hundred-year
flood. The height 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
That portion of a building having its floor subgrade (below
ground level on all sides).
BREAKAWAY WALL
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 the supporting foundation system.
BUILDING
Any structure built for support, shelter, or enclosure for
any occupancy or storage.
COASTAL HIGH HAZARD AREA
The area subject to high velocity waters caused by, but not
limited to, hurricane wave wash. The area is designated on a FIRM
as Zone V1-30, VE or V.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), shear walls, or breakaway
walls.
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 April 18, 1980, the
effective date of the floodplain management ordinance adopted by the
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevation of the base flood.
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 water;
(2)
The unusual and rapid accumulation of runoff of surface waters
from any source.
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
one foot.
FLOOR
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility 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. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales or service facilities.
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 the 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 historic significance of a registered
historic district or a 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 by an approved state program as determined by the Secretary
of the Interior.
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.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers, recreational vehicles,
and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
MARKET VALUE
Market value of the structure shall be determined by the
appraised value of the structure prior to the start of the initial
repair or improvement, or in the case of damage, the value of the
structure prior to the damage occurring.
MEAN SEA LEVEL (MSL)
For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which
base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
NEW CONSTRUCTION
Structures for which the "start of construction" commenced
on or after April 18, 1980, the effective date of the ordinance intended
to bring the Town of Orange into conformity with minimum standards
necessary to enable the Town to continue participation in the National
Flood Insurance Program, 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 management regulations adopted
by the community.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest 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.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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, or improvement
was within 180 days of the permit date. The actual start means the
first placement of permanent construction of a structure (including
a manufactured home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond
the state of excavation or 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 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 that is principally above ground,
a manufactured home, a gas or liquid storage tank, or other man-made
facility or infrastructure.
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 combination of repairs, reconstruction, alteration, or
improvements to a structure, taking place during a one-year period,
in which the cumulative cost equals or exceeds 50% of the market value
of the structure. The market value of the structure should be the
appraised value of the structure prior to the start of the initial
repair or improvement, or, in the case of damage, the value of the
structure prior to the damage occurring. 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. The term does not, however,
include any project for improvement of a structure required to comply
with existing health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions.
VARIANCE
A grant of relief 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
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
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.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or ravine
areas.