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. 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 Conservation Director'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 foot 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 (one-hundred-year
flood); the height in relation to mean sea level (NAVD of 1988) expected
to be reached by the waters of the base flood at pertinent points
in the floodplains of costal 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.
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, 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 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 located
within the area of special flood hazard.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated
above the ground level by means of 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 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,
June 15, 1979, 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 manufacturing 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).
FINISHED LIVING SPACE
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but is not limited to, heated and/or cooled,
contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock
walls that may or may not be painted or wallpapered, and other amenities
such as furniture, appliances, bathrooms, fireplaces and other items
that are easily damaged by floodwaters and expensive to clean, repair
or replace.
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
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:
A.
The overflow of inland water.
B.
The unusual and rapid accumulation or 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 FACILITY
A facility which cannot be used for its intended purpose
unless it is located 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:
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. However, such areas must be designated in accordance with §
136-18B hereafter.
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 recreational vehicles, park trailers, travel trailers,
and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
MARKET VALUE
The 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
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 the effective date of this chapter, June 15, 1979 (not
the revision date), 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,
June 15, 1979, of the floodplain management regulation adopted by
the community.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built upon a single chassis;
B.
Four hundred 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.
Not designed primarily for use as a permanent dwelling but instead
for use as temporary living quarters for recreational, camping, travel,
or seasonal use.
START OF CONSTRUCTION
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 stage 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
facilities or infrastructures.
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 the life of a structure,
in which the cumulative cost equals or exceeds 50% of the market value
of the structure. The market value of the structure should be (1)
the appraised value of the structure prior to the start of the initial
repair or improvement, or (2) 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
A 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, floodproofing 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 riverine
areas.