Unless specifically defined below, words or phrases used in
these regulations shall be interpreted so as to give them the meanings
they have in common usage and to give these regulations the most-reasonable
application. Where terms are not defined in these regulations and
are defined in the Building Code, such terms shall have the meanings
ascribed to them in that code.
For the purposes of these regulations, 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 1% 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 1% chance of being equaled or exceeded
in any given year; the base flood also is referred to as the "100-year
flood" (or the "1% 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 elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD) or other datum specified on the community's Flood
Insurance Rate Map.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The family of building codes specifically adopted by the Town of Millsboro in Chapter 70 of the Town Code, specifically, the International Building Code and International Residential Code, as modified by Chapter 70. The code that applies to one- and two-family dwellings (i.e., the International Residential Code, as modified by Chapter 70) is hereinafter referred to as the "Residential Code."
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.
A combination of measures which results in a structures,
including attendant utilities and equipment, being watertight with
all elements substantially impermeable and with structural components
having the capacity to resist flood loads.
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.
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.
An official map on which the Federal Emergency Management
Agency (FEMA) has delineated both the special flood hazard areas and
the risk premium zones applicable to the community.
ZONE ASpecial flood hazard areas inundated by the 1% annual chance flood; base flood elevations are not determined.
ZONE AESpecial flood hazard areas subject to inundation by the 1% annual chance flood; base flood elevations are determined; floodways may or may not be determined.
ZONE AOAreas of shallow flooding, with or without a designated average flood depth.
ZONE X (SHADED)Areas subject to inundation by the 500-year flood (0.2% annual chance); areas subject to the 1% 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 1% annual chance flood and outside the 500-year floodplain.
ZONE VESpecial flood hazard areas subject to inundation by the 1% annual chance flood and subject to high-velocity wave action (also referred to as "coastal high-hazard areas").
LIMIT OF MODERATE WAVE ACTION (LiMWA)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 official report provided by the Federal Emergency Management
Agency (FEMA) containing the Flood Insurance Rate Map (FIRM), the
Flood Boundary and Floodway Map (FBFM), the water surface elevations
of the base flood and supporting technical data.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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 on the National Register of Historic Places
(a listing maintained by the U.S. Department of the 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 (LOMA)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 lowest floor of the lowest enclosed area, including basement,
but excluding any unfinished or flood-resistant enclosure, usable
solely for vehicle parking, building access or limited storage, provided
that such enclosure is not built so as to render the structure in
violation of the nonelevation requirements specified in the Building
Code 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 September 1, 1978, 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 flood hazards and shown on a Flood Insurance Rate Map 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 § 109-4.
The date of issuance of permits for new construction and
substantial improvements to existing structures, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of issuance. The "actual start" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings,
or construction of columns. Permanent construction does not include
land preparation (such as clearing, grading and filling), the installation
of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. 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.
That which is built or constructed.
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 repair, alteration, 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 improvement or repair
is started. If the structure has sustained substantial damage, any
repairs are considered substantial improvement regardless of the actual
repair work performed. The term does not, however, include any project
for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the Building Official
and that 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.
