As used in this chapter, the following terms shall have the meanings indicated:
BASE FLOODThe 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.
BASEMENTThat portion of a building having its floor subgrade (below ground level) on all sides.
COSTAs 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 SUBDIVISIONA 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 SUBDIVISIONThe 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).
DEVELOPMENTAny 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 SPACEAs 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 FLOODINGA 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-YEARAll land area, including structures thereon, which is subject to one-percent chance of flooding in any given year.
FLOODWAYThe 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 FRINGEThe area in the special flood hazard area that does not include the floodway.
FUNCTIONALLY DEPENDENT USE OR FACILITYA 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 STRUCTUREAny 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;
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;
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
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
Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATORThe Weston Planning and Zoning Commission is the local administrator of Weston's Floodplain Management Regulations.
LOWEST FLOORThe 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.
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 VALUEThe 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 SUBDIVISIONA 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 LEVELFor 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 CONSTRUCTIONStructures 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.
PROFILEDrawing showing vertical sections of the flood hazard zone, including base flood elevations measured from mean sea level.
RECREATIONAL VEHICLEA 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 CONSTRUCTIONIncludes 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.
STRUCTUREA walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL IMPROVEMENTAny 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
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
SUBSTANTIAL DAMAGEDamage 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.
VARIANCEA 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.
VIOLATIONFailure 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 ELEVATIONThe 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.