[Ord. No. 6322, 11-27-2023]
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.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
Those rates established by the Federal Insurance Administrator
pursuant to individual community studies and investigations which
are undertaken to provide flood insurance in accordance with Section
1307 of the Act and accepted actuarial principles. "Risk premium rates"
include provisions for operating cost and allowances.
Governing body of floodplain regulations: FEMA and/or SEMA.
A request for a review of the City Administrator's interpretation
of any provision of this Chapter or a request for a variance.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
The elevation of the surface of the water during a one percent
(1%) annual chance flood event.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Principle structure on the parcel of property.
A natural or artificial watercourse of perceptible extent,
with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow, thus, is that water which
is flowing within the limits of a defined channel.
State or area or political subdivision thereof, which has
authority to adopt and enforce floodplain management regulations for
the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A community for which the Federal Insurance Administrator
has authorized the sale of flood insurance under the National Flood
Insurance Program (NFIP).
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before this
date. "Existing construction" may also be referred to as "existing
structures."
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.
The preparation of additional sites by the construction of
facilities for serving the lots on which the manufactured 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).
A determination by the Federal Insurance Administrator of
the water surface elevations of the base flood, that is, the flood
level that has a one percent (1%) or greater chance of occurrence
in any given year.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations or an
examination, evaluation and determination of mudslides (i.e., mudflow)
and/or flood-related erosion hazards.
General and temporary condition of partial or complete inundation
of normally dry land areas from: (1) the overflow of inland; and/or
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
Those physical structural works for which funds have been
authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
area within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such system typically
includes dams, reservoirs, levees or dikes. These specialized flood-modifying
works are those constructed in conformance with sound engineering
standards.
Designated City employee who reviews floodplain/building
permits for structures within floodplains and inspects developments
to determine compliance with the community development standards and
NFIP requirements. Explains floodplain development requirements to
community leaders, citizens, and the general public when requested.
Maintains records and documents that keep the community eligible to
participate in the FEMA's NFIP and Community Rating System (CRS).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of police power. The
term describes such State or local regulations in any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
Any land area susceptible to being inundated by water from
any source, as designated by FEMA.
Any combination of structural and non-structural 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.
Lines marking the limits of floodways on Federal, State and
local floodplain maps.
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
a designated height.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, clogged bridge openings and the hydrological
effect of urbanization of the watershed.
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 historical 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 lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that
such enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements.
A structure transportable in one (1) or more sections that
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 "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the "start of construction" commenced or after the effective date
of the floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot 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 the community.
National Flood Insurance Program.
See "base flood."
Known as an "eligible community," a community in which the
Federal Insurance Administrator has authorized the sale of flood insurance.
A signed document from a designated community official authorizing
development in a floodplain, including all necessary supporting documentation
such as: (1) the site plan; (2) an elevation certificate; and (3)
any other necessary or applicable approvals or authorizations from
local, State or Federal authorities.
Any individual or group of individuals, corporation, partnership,
association, or any other entity, including Federal, State, and local
governments and agencies.
The main structure of building on a lot or parcel in which
the primary permitted use by right occurs.
A vehicle which is: (a) built on a single chassis; (b) four
hundred (400) square feet or less when measured at the largest horizontal
projections; (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 temporary living quarters for recreational,
camping, travel, or seasonal use.
Flood-related damages sustained by a structure on two (2)
separate occasions during a 10-year period for which the cost of repairs
at the time of each such flood event, equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
See "area of special flood hazard."
For other than new construction or substantial improvement
under Coastal Barrier Resources Act, Pub. L. 97-348,[1] includes substantial improvement and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement was within one hundred eighty (180) days of 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 street 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 the construction" means the first alteration
of any wall, ceiling, floor or other structural part of building,
whether or not that alteration affects the external dimensions of
the building.
Agency of the State government, or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure," for insurance
purposes, means a walled and roofed building, other than gas or liquid
storage tank, that is principally above ground and affixed to a permanent
site, as well as a manufactured home on a permanent foundation. 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 materials or supplies are within an enclosed
building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
or the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
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
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
A grant of relief to a person from the requirements of this
Chapter, which permits construction in manner otherwise prohibited
by this Chapter, where specific enforcement would result in unnecessary
hardship.
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 by
this Chapter is presumed to be in violation until such time as that
documentation is provided.
[1]
Editor's Note: See 16 U.S.C.A. § 3501 et seq.
