As used in this chapter, the following terms shall have the
meanings indicated:
BASE FLOOD
The flood (one-hundred-year storm) which has a one-percent
or greater chance of occurring 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 coastal and riverine areas.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BUILDING
See definition for "structure."
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.
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 construction of
facilities for servicing the lots on which the manufactured homes
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,
December 4, 1978, 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).
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; mining, dredging, filling, grading, paving,
excavating or drilling operations or storage of equipment; the storage,
deposition or extraction of materials; and the installation, repair
or removal of public sewage disposal systems or water supply facilities
located in special flood hazard areas.
FINISHED LIVING SPACE
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but 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 or FLOODING
A general and temporary condition of partial or complete
inundation of normal dry land areas from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff of surface waters
or mudflow from any source.
FLOOD INSURANCE RATE MAPS (FIRM)
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (one-hundred-year floodplain) and the insurance risk premium
zones applicable to a community.
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted an examination, evaluation
and determination of flood hazards and, if appropriate, corresponding
water surface elevations.
FLOODPLAIN, ONE-HUNDRED-YEAR
All land area, including structures thereon, which is subject
to one-percent chance of flooding in any given year.
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.
FLOODWAY FRINGE
The area in the special flood hazard area that does not include
the floodway.
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.
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.
LOCAL ADMINISTRATOR
The Weston Planning and Zoning Commission is the local administrator
of Weston's Floodplain Management Regulations.
LOWEST FLOOR
The floor of the lowest enclosed area including the basement. An unfinished enclosure or enclosure resistant to flood damage, 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. Such areas, however, must be designed in accordance with §
212-12D of these regulations.
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, including
recreational vehicles and similar transportable structures placed
on a site for 180 consecutive days or longer.
MARKET VALUE
The market value of the structure determined by the property's
tax assessment, minus land value, 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which 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, December
4, 1978, of the Floodplain Management Regulations adopted by the community.
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 Weston's Flood Insurance Rate
Map (FIRM) are referenced.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after December 4, 1978, the effective date of the Floodplain
Management Regulations, and includes any subsequent improvements to
such structures.
PROFILE
Drawing showing vertical sections of the flood hazard zone,
including base flood elevations measured from mean sea level.
RECREATIONAL VEHICLE
A vehicle which is a) built on a single chassis; b) 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 (a/k/a SPECIAL FLOOD HAZARD ZONE)
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. Areas
of special flood hazard area determined utilizing the base flood elevations
(BFE) provided on the flood profiles in the Flood Insurance Study
(FIS) for a community. BFEs provided on Flood Insurance Rate Maps
(FIRM) are only approximate (rounded up or down) and should be verified
with the BFEs published in the FIS for a specific location. Areas
of special flood hazard include, but are not necessarily limited to,
the land shown as Zones A and AE on a FIRM.
START OF CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, or improvement was within six months 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, footing, 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
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, including gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvement of a structure (taking
place within a ten-year period), the cumulative cost of which equals
or exceeds 50% of the market value of the structure before start of
construction of the improvement. This term includes structures which
have incurred substantial damage, regardless of the actual repair
work performed. For 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 either:
A.
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 Official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
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.
VARIANCE
A grant of relief by a community from the terms of the floodplain
management regulation 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 regulations. 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 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) or floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.