The definitions set forth in Article
II of Chapter
295, Zoning, and Article
II of Chapter
250, Subdivision and Land Development, are incorporated herein by reference.
As used in this chapter, the following terms shall have the
meanings indicated:
BANKFULL (STAGE)
The incipient elevation on the bank of a stream where flooding
begins. The bankfull stage is associated with the flow that just fills
the channel to the top of its banks, a point where the water begins
to overflow onto a floodplain.
BASE FLOOD
A flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
BASEMENT
That portion of a building that is partially or wholly below
ground level. This portion serves as a substructure of foundation
for a building. A basement shall be counted as a story for the purpose
of height measurement, if the vertical distance between the ceiling
and the average level of the adjoining ground is more than five feet.
Also, any area of a building having its floor below ground level on
all sides.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
DESIGNATED FLOODPLAIN AREA
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
in a one-hundred-year flood, as designated on the FIRM.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials, and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
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 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 before the effective date of
the floodplain management regulations adopted by a 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).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural addition,
changes, or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
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, LOWEST
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
GRADE, HIGHEST ADJACENT
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
GROUND FLOOR
The floor of a building nearest the mean grade of the front
of the building.
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 historical 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 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 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.
IDENTIFIED FLOOD-PRONE AREA
The floodplain area specifically identified as being inundated
by the one-hundred-year flood. Included would be areas identified
as Floodway (FW), Special Floodplain (AE), and Approximate Floodplain
Area (A).
MANUFACTURED HOME
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
MANUFACTURED/MOBILE HOME PARK/COMMUNITY/SUBDIVISION
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured/mobile
home lots for the placement thereon of manufactured/mobile homes for
non-transient use.
NEW CONSTRUCTION DATE
Structures for which the start of construction commenced
on or after the date of the municipality's first floodplain management
ordinance was adopted January 3, 1984, and includes any subsequent
improvements thereto. Any construction started after January 3, 1984
and before January 18, 2012, is subject to the ordinance in effect
at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
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
of floodplain management regulations adopted by a community.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck;
D.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreations, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99 or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. 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 manufacture 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 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
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as manufactured home.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged conditions would
equal or exceeds 50% or more of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, alteration, reconstruction of improvement of
a structure, and/or use the cost of which equal 50% of its market
value either before improvement is started, or if the structure has
been damaged and is being restored before the damage occurred. 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 either any project for improvement of a
structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration to a structure listed on
the National Register of Historic Places or the State Inventory of
Historic Places.
TOP OF BANK
The highest point or level of the stream bank, at a break
in slope of the stream bank that represents bankfull stream flow.
On stream channels where a break in slope is indiscernible the top
of bank shall be represented by the elevation of the runoff flow for
the storm having a 50% annual chance of being equaled or exceeded.
VIOLATION
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
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.