Definitions.
As used
in this section, the following terms shall have the meanings indicated:
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, also referred to as the 100-year flood,
as published by the Federal Emergency Management Agency (FEMA) as
part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance
Rate Map (FIRM).
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or 100-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of riverine areas.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BUILDING
See definition for "structure."
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure 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 elements, structural elements, 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 include: 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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
FINISHED LIVING SPACE
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but is not limited to, heated and/or cooled,
contains finished floors, 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.
Unfinished enclosed areas below the BFE should comply with FEMA Technical
Bulletin 2, Flood-Damage Resistant Materials Requirements.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation/runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (100-year floodplain) and the insurance risk premium zones applicable
to a community.
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted an examination, evaluation
and determination of flood hazards and, if appropriate, corresponding
water surface elevations.
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. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
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 historic 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 with historic preservation programs 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 programs
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.
LOWEST FLOOR
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 design requirements specified in Subsection
5.3.1.3 of this regulation.
MARKET VALUE
As related to substantial improvement and substantial damage,
the market value of the structure shall be determined by the property's
tax assessment, minus land value; prior to the start of the initial
repair or improvement, or in the case of damage, the value of the
structure prior to the damage occurring.
MEAN SEA LEVEL (MSL)
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after November 16, 1981, the effective date of the floodplain
management regulations, and includes any subsequent improvements to
such structures.
RECREATIONAL VEHICLE
A vehicle which is: (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projection;
(c) designed to be self-propelled or permanently towable by a light-duty
truck; and (d) designed primarily not for use as a permanent dwelling
but as a temporary living quarters for recreational, camping, travel,
or seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA)
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, A1-30, AE, AO, AH on a FIRM.
The SFHA is also called the area of special flood hazard.
START OF CONSTRUCTION
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement 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 erections 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
A walled and roofed building which is principally above ground,
including a manufactured home, a gas or liquid storage tank, or other
man-made facilities or infrastructures.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvements to a structure, taking
place during a ten-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure before the start
of construction of the improvement. This term includes structures
that have incurred substantial damage, regardless of the actual repair
work performed. For 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: (1) 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
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions; or (2) any alteration of an historic
structure, provided that the alteration will not preclude the structure's
continued designation as an "historic structure."
VARIANCE
A grant of relief by the Zoning Board of Appeals from the
terms of this section of the regulations that allows construction
in a manner otherwise prohibited and where specific enforcement would
result in unnecessary hardship.
VIOLATION
Failure of a structure or other development to be fully compliant
with the community's floodplain management regulation. A structure
or other development without required permits, lowest floor elevation
documentation, flood-proofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of riverine areas.