A.
Unless
specifically defined below, words or phrases used in these regulations
shall be interpreted so as to give them the meaning they have in common
usage and to give these regulations the most reasonable application.
B.
ACCESSORY STRUCTURE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION
BASEMENT
BREAKAWAY WALL
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
DEVELOPMENT
DRY FLOODPROOFING
ELEVATION CERTIFICATE
ENCLOSURE BELOW THE LOWEST FLOOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA TECHNICAL BULLETIN
FLOOD DAMAGE-RESISTANT MATERIALS
FLOOD INSURANCE RATE MAP (FIRM)
(1)
(2)
(3)
(4)
(5)
(6)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPLAIN
FLOODPROOFING CERTIFICATE
FLOODWAY
FLOODWAY FRINGE AREA
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTER OF MAP CHANGE
(1)
(2)
(3)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
PERSON
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE (or BUILDING)
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
As
used in this chapter, the following terms shall have the meanings
indicated:
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
A designated Zone AO on a community's Flood Insurance
Rate Map with a one-percent annual chance or greater of flooding to
an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The flood having a one-percent chance of being equaled or
exceeded in any given year; the base flood also is referred to as
the one-hundred-year flood (or the one-percent-annual-chance flood).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate
Map. In areas of shallow flooding, the base flood elevation is the
natural grade elevation plus the depth number specified in feet on
the Flood Insurance Rate Map, or at least two feet if the depth number
is not specified.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is designed and certified by a registered design
professional 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 supporting foundation system.
Flood hazard areas that have been delineated as subject to
wave heights between 1 1/2 feet (457 mm) and three feet (914
mm); Coastal A Zone areas are seaward of the limit of moderate wave
action shown on the Flood Insurance Rate Map.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high hazard areas also are referred to as "Zone V" or "V Zones" and
are designated on FIRMs as flood insurance risk Zone VE.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, placement
of manufactured homes, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
Any combination of structural and nonstructural 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.
The National Flood Insurance Program Elevation Certificate
(FEMA Form 086-0-33), used to document building elevations and other
information about buildings. When required to be certified, the form
shall be completed by a licensed professional land surveyor.
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
A series of guidance documents published by FEMA to provide
guidance concerning building performance standards of the National
Flood Insurance Program. See sections where specific TBs are identified.
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair. See FEMA Technical Bulletin
No. 2, Flood Damage-Resistant Materials Requirements and FEMA Technical
Bulletin No. 8, Corrosion Protection for Metal Connectors in Coastal
Areas.
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, and to designate applicable flood zones.
Zone A: Special flood hazard areas inundated by the one-percent
annual chance flood; base flood elevations are not determined.
Zone AE: Special flood hazard areas subject to inundation by
the one-percent annual chance flood; base flood elevations are determined;
floodways may or may not be determined.
Zone AO: Areas of shallow flooding, with or without a designated
average flood depth.
Zone X (shaded): Areas subject to inundation by the five-hundred-year
flood (0.2% annual chance); areas subject to the one-percent annual
chance flood with average depths of less than one foot or with contributing
drainage area less than one square mile; and areas protected by levees
from the base flood.
Zone X (unshaded): Areas determined to be outside the one-percent
annual chance flood and outside the five-hundred-year floodplain.
Zone VE: Special flood hazard areas subject to inundation by
the one-percent annual chance flood and subject to high-velocity wave
action (also referred to as coastal high-hazard areas).
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any land area susceptible to being inundated by water from
any source (see "flood" or "flooding").
The National Flood Insurance Program Floodproofing Certificate
for Nonresidential Structures (FEMA Form 86-0-34), used by registered
professional engineers and architects to certify dry floodproofing
designs.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height.
Portion of the special flood hazard area that is adjacent
to and landward of a designated floodway shown on a Flood Insurance
Rate Map.
A factor of safety usually expressed in feet above a flood
elevation for the 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, obstructed bridge
openings, debris and ice jams, and the hydrologic effect of urbanization
in a watershed.
A use which 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, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Individually listed in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
An analysis performed by a professional engineer, licensed
in the State of Delaware, in accordance with standard engineering
practices as accepted by FEMA, used to determine the base flood, other
frequency floods, flood elevations, floodway information and boundaries,
and flood profiles.
An official FEMA determination, by letter, to amend or revise
an effective Flood Insurance Rate Map, Flood Boundary and Floodway
Map, and Flood Insurance Study. Letters of map change include:
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was inadvertently included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for this determination, the fill must have been permitted and placed in accordance with these regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies; upon submission to and approval of certified as-built documentation, a letter of map revision may be issued.
The inland limit of the area affected by waves greater than
1.5 feet during the base flood. Base flood conditions between the
Zone VE and the LiMWA will be similar to, but less severe than, those
in the Zone VE.
The lowest floor of the lowest enclosed area (including basement)
of a structure. This definition excludes an "enclosure below the lowest
floor" which is an unfinished or flood-resistant enclosure usable
solely for parking of vehicles, building access or storage, in an
area other than a basement area, provided that such enclosure is built
in accordance with the applicable design requirements specified in
these regulations for enclosures below the lowest floor.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
Buildings and structures for which the start of construction
commenced on or after March 23, 1973, including any subsequent improvements
to such structures.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, 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.
The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, and Zone VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in § 88-4.
The date of issuance of permits for new construction and
substantial improvements, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 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 erection of temporary forms;
nor does it include the installation on the property of accessory
structures, 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.
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.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure the cost of which equals or exceeds 50% 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 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 prior to the application
for a development permit by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
these regulations is presumed to be in violation until such time that
documentation is provided.
