A.
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.
B.
ACCESSORY STRUCTURE
ADDITION (TO AN EXISTING BUILDING)
APPEAL
AREA OF SHALLOW FLOODING
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
BUILDING
COASTAL AE ZONE
COASTAL HIGH-HAZARD AREA
COST
CRITICAL FACILITY
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FINISHED LIVING SPACE
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT FACILITY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
MEAN SEA LEVEL (MSL)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SAND DUNES
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION [FOR OTHER THAN NEW CONSTRUCTION OR SUBSTANTIAL
IMPROVEMENTS UNDER THE COASTAL BARRIER RESOURCES ACT (P.L. 97-348)]
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
As used in this chapter, the following terms shall have the meanings
indicated:
An appurtenant, unfinished structure of less than 401 square
feet, the use of which shall be incidental or subordinate to the principal
use of the parcel of the principal structure on the parcel, and which
shall not be used for human habitation.
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.
Either:
Designated AO or AH Zones on a community's Flood Insurance
Rate Map (FIRM) with a 1% or greater annual chance of flooding to
an average depth of one foot 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.
[Added 7-13-2021]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood (one-hundred-year
flood). The height in relation to mean sea level, North American Vertical
Datum (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.
That portion of a building having its floor below ground
level on all sides.
A wall that is not part of the structural support of the
building, intended through its design and construction to collapse
under specific lateral wind and water-loading conditions without causing
collapse, displacement, or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls must include flood vents to further mitigate times of high water
loading.
Any structure built for support, shelter, or enclosure for
any occupancy or storage.
The portion of the Coastal High Hazard Area with wave heights
between 1.5 feet and 3.0 feet and bounded by a line labeled the "Limit
of Moderate Wave Action" (LiMWA) on a Flood Insurance Rate Map (FIRM).
VE Zone floodplain construction standards are applied to development,
new construction and substantial improvements in the Coastal AE Zone.
[Note: The 2018 International Residential Code (IRC) refers to the
Coastal AE as the Coastal A Zone.]
[Amended 7-13-2021]
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 or
seismic sources. Coastal high-hazard areas are designated as Zone
VE and Zone AE bounded by a line labeled "Limit of Moderate Wave Action
(LiMWA) on a Flood Insurance Rate Map (FIRM).
As related to substantial improvements, means the cost of
any reconstruction, rehabilitation, addition, alteration, repair or
other improvement of a structure which 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 components,
structural components, 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: 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.
A development which is critical to the community's public
health and safety, is essential to the orderly functioning of a community,
stores or produces highly volatile, toxic or water-reactive materials,
or houses occupants that may be insufficiently mobile to avoid loss
of life or injury. Examples of critical facilities include: jails,
hospitals, fire stations, police stations, nursing homes, wastewater
treatment facilities, drinking water plants, and gas/oil/propane storage
facilities.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings, additions, accessory structures
or other structures, new construction, substantial improvements, mining,
dredging, filling, grading, paving, excavating, drilling operations,
or permanent storage of materials or equipment.
A nonbasement building to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns, posts, piers, shear walls, or breakaway walls,
as allowed under applicable standards.
The federal agency that administers the National Flood Insurance
Program (NFIP).
Finished living space can include, but is not limited to,
a space that 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. A fully enclosed area below the base
flood elevation (BFE), including the additional two feet of freeboard
required by this chapter, cannot have finished living space and needs
to be designed for exposure to flood forces and can only be used for
parking, building access or limited storage of low-value items. A
maximum of 25% of the floor area below the base flood elevation (BFE),
excluding the area of any separate attached garages and open porches,
may be determined to be utilized as an entry/foyer area, including
but not limited to flooring, walls and trim, provided that all materials
meet FEMA flood-damage-resistant materials requirements, and that
the use of any such areas are restricted to parking, building access
or limited storage of low-value items.
[Amended 7-13-2021]
The official maps of the Town of Old Saybrook on which the
Federal Emergency Management Agency has delineated both the special
flood hazard areas and the applicable risk premium zones.
The official report, including any supplements thereto, by
the Federal Emergency Management Agency. The report contains flood
profiles, the water surface elevation of the base flood, and other
flood data.
A general and temporary condition of partial or complete
inundation of normally dry land areas from: a) the overflow of inland
or tidal waters; and/or b) the unusual and rapid accumulation of runoff
of surface waters from any source.
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 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.
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 of vehicles.
A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair, or seafood processing facilities.
The term does not include long-term storage, sales, or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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:
The landward limit of the 1.5 foot breaking wave within a
Coastal AE Zone. These areas are bounded by a line labeled "Limit
of Moderate Wave Action" on a Flood Insurance Rate Map (FIRM). The
LiMWA line delineates that portion of the special flood hazard area
(SFHA) landward of a VE Zone in which the principal sources of flooding
are astronomical high tides, storm surges, or tsunamis, not riverine
sources. These areas may be subject to wave effects, velocity flows,
erosion, scour, or combinations of these forces. The floodplain development
and construction standards for VE Zones will be applied in the Coastal
AE Zone.
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, provided that such an area meets the requirements of §§ 128-20C and 128-18I hereof.
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. Recreational
vehicles and similar transportable structures placed on a site for
180 consecutive days or longer shall be considered manufactured homes
for the purpose of this chapter.
A parcel, or contiguous parcels, of land divided into two
or more manufactured home lots for rent or sale.
Means that the market value of the structure shall be determined
by the property's tax assessment, minus land value; or an independent
appraisal by a professional appraiser.
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 (FIRM) are referenced.
Structures for which the start of construction commenced
on or after June 26, 1978, and includes any subsequent improvements
to such structures.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled 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.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. SFHAs
are 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 Map (FIRM) are only approximate
(rounded up or down) and should be verified with the BFEs published
in the FIS for a specific location. SFHAs include, but are not necessarily
limited to, the land shown as Zones A, AE, AO, AH and the coastal
high-hazard areas shown as Zone VE and Zone AE bounded by a line labeled
"Limit of Moderate Wave Action (LiMWA)" on a FIRM. The SFHA is also
called the "area of special flood hazard."
[Amended 7-13-2021]
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.
A walled and roofed building that is principally above ground,
a manufactured home, swimming pool or a gas or liquid storage tank.
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 damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25% of the market value of
the structure before the damage occurred.
Any combination of repairs, reconstruction, alteration, or
improvements to a structure taking place within a ten-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 using the cost approach to value
prior to the start of construction of the repair or improvement, or
in case of damage, the value of the structure prior to the damage
occurring. This term includes structures that have incurred substantial
damage, regardless of the actual repair work performed. 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 improvement project required to comply with existing health,
sanitary or safety code specifications which are solely necessary
to assure safe living conditions. The start date for cumulative cost
of repairs, reconstruction, alterations or improvements to a structure
that was constructed in compliance with the minimum elevation requirements
identified on the Flood Insurance Rate Map (FIRM), including any freeboard
requirements specified by this chapter, that were in effect at the
time, shall commence on the effective date of any subsequent FIRM
or ordinance amendments that render the structure to be noncompliant.
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. Such
hardship shall be based on the unusual physical characteristics of
the property in question which are not shared by adjacent parcels;
hardship shall not be based on the structure, nor on economic or personal
hardships.
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.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988.
