Definitions.
APPEAL
A request for the review of the Borough Construction Official's
interpretation of any provision of this section or a request for a
variance from the Planning Board.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM.) The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
The area of any building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall 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.
CHANNEL
The bed and banks of the watercourses located within the
boundaries of the Borough of Spotswood which convey the normal flow
of said watercourses most of the time.
DELINEATED STREAM
A stream that has a delineated floodway officially adopted
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:13.
DESIGN FLOOD PROFILE
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, or storage of equipment or materials filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A nonbasement building built to have the top of the elevated
floor elevated above the ground level by means of piling, columns
(posts and piers) or shear walls parallel to the flow of the water
and adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. "Elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters.
FLOOD ELEVATION DETERMINATION
The determination of the water surface elevations of the
design flood, i.e., the flood level that has a 1% or greater chance
of occurrence in any given year.
FLOOD FRINGE AREA
The portion of the flood hazard area not designated as the
floodway.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry areas from:
(1)
Inland or tidal waters; and
(2)
The unusual and rapid accumulation of runoff of surface water
from any source.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater.
FLOODPLAIN MANAGEMENT REGULATIONS
State or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
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.
FLOODWAY
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream
without accumulatively increasing the water surface elevation any
more than 0.2 feet.
FREEBOARD
A factor of safety usually expressed in feet above the base
flood elevation. Freeboard tends to compensate for the many unknown
factors that could contribute to flood heights greater than the base
flood elevation.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district;
(3)
Individually listed on a state inventory of historic places
approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places:
(a)
Approved by a state program as authorized by the Secretary of
the Interior; or
(b)
Directly approved by the Secretary of the Interior.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including a
basement. An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements.
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 connected to the required utilities. For
the purposes of floodplain management, the term "manufactured home"
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers or other similar recreation vehicles.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
RECREATION VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projections;
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.
START OF CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement commenced 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 a 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 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.
STREAM
A watercourse having a drainage area of over 50 acres.
STREAM CORRIDOR
Includes the area within a floodway, floodplain, flood hazard
area and buffer strips 100 feet from the top of the channel banks
of the stream. If the floodplain or flood hazard area extends for
more than 100 feet from the top of the channel bank, said larger area
shall be the stream corridor.
STRUCTURE
For floodplain management purposes, a walled or roofed building,
a manufactured home, including without limitation gas or liquid storage
tanks, that is principally aboveground. For insurance purposes, "structure"
means a walled and roofed building, other than a gas or liquid storage
tank, that is principally aboveground and affixed to a permanent site.
For the latter purpose, the term includes a building while in the
course of construction, alteration or repair but does not include
building materials or supplies intended for use in such construction,
alteration or repair, unless such material or supplies are within
an enclosed building on the premises.
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.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or 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. The
term includes structures which have incurred substantial damage regardless
of the actual repair work performed. The term does not, however, include
either:
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
is solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register
of Historic Places or the State Register of Historic Places.
VARIANCE
A grant of relief by the Planning Board from the requirements
of this section permitting construction in a manner otherwise prohibited
by this section because the literal enforcement would result in unnecessary
hardship.