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:
ACCESSORY STRUCTUREShall mean a nonhabitable structure which 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.
APPEALShall mean a request for a review of the code enforcement coordinator interpretation of any provision of this chapter or a request for a variance.
APPROPRIATE USEShall mean only those uses permissible in the regulatory floodway that will be considered for permit issuance.
APPURTENANT STRUCTUREShall mean a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SHALLOW FLOODINGShall mean a designated AO zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
BASE FLOODShall mean the flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event.
BASE FLOOD ELEVATION (BFE)Shall mean the highest water surface elevation that can be expected during the base flood in relation to mean sea level. The base flood elevation (BFE) is also known as the 100-year frequency flood elevation and as a 1% probability of being equaled or exceeded in any given year.
BASEMENTShall mean any enclosed area of a structure which has its flood or lowest level below ground level (subgrade) on all sides. See also "lowest floor."
BEST MANAGEMENT PRACTICES (BMPS)Shall mean practices or measures typically developed as part a stormwater management program that reduce nonpoint source pollution that enter the waterways.
BUILDINGShall mean a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.
CHANNELShall mean any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainage way, which has a definite bed and banks or shoreline, into which surface or groundwater flows, either perennially or intermittently.
CHANNEL MODIFICATIONShall mean the alteration of a channel by changing the physical dimensions or materials of its bed or banks and includes damming, rip-rapping or other armoring, widening, deepening, straightening, relocating, lining or significant removal of bottom or woody vegetation. Modification does not include the clearing of dead or dying vegetation, debris or trash from the channel.
COMPENSATORY STORAGEShall mean an artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off-site floodwater elevations and flows.
CRITICAL FACILITYShall mean any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to a critical facility can impact delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Critical facilities include but may not be limited to emergency services, schools, retirement or senior care facilities, major roads and bridges, utility sites and hazardous materials storage sites.
CRITICAL FEATUREShall mean an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DAMShall mean any obstruction, wall embankment or barrier, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included. Dams may include weirs, restrictive culverts or impoundment structures.
DESIGN STORMShall mean a selected storm event, described in terms of probability of occurrence for which flood mitigation protection elevations are determined.
DEVELOPMENTShall mean any man-made change to improved or unimproved real estate, including, but not limited to:
a. Construction, reconstruction, repair, addition to or replacement of a building or structure.
Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days.
Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.
Demolition of a structure or redevelopment of a site.
Clearing of land as an adjunct of construction.
Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving or other non-agricultural alterations of the ground surface; storage of equipment or materials; deposit of solid or liquid waste.
Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal. Development does not include maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, cultivation, and similar agricultural practices that do not involve filling, grading, or construction of levees.
ELEVATION CERTIFICATEShall mean a form used by FEMA to certify building elevations, confirm compliance with the Village floodplain management ordinance, determine proper insurance premium rates, and to support a request for a Letter of Map Amendment (LOMA) or a Letter of Map Revisions based on fill (LOMR-F).
ENCLOSED AREA BELOW LOWEST FLOORShall mean the floor of the lowest enclosed area in a building when all the following criteria are met:
a. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Section 15.44.080R1 of this Chapter, and
The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low-damage potential uses such as building access, parking or storage, and
Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the base flood elevation, and
The enclosed area is not a " basement" as defined in this section.
EROSIONShall mean the general process whereby soils are moved by flowing water or wave action.
EXISTING CONSTRUCTIONShall mean any structure for which the start of construction commenced before the effective date of the first floodplain management regulations adopted by the community.
EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISIONShall mean a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built 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 first floodplain management regulations adopted by the community.
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISIONShall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built 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.
500-YEAR FLOODShall mean a flood, the magnitude of which has a 0.2% chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.
FACTORY-BUILT HOME Shall mean any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.
FEMAShall mean the Federal Emergency Management Agency and its regulations at 44 CFR 59-79, specifically the regulations within CFR 44 Section 60.3d which are adopted by this reference. FEMA is the independent Federal agency that, in addition to carrying out other activities, administers the NFIP.
FLOOD OR FLOODINGShall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland rivers or streams or tidal waters and the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FREQUENCYShall mean a period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
FLOOD FRINGEShall mean that portion of the flood plain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP (FIRM)Shall mean the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)Shall mean a report published by FEMA for a community issued along with the community's Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.
FLOOD PLAINShall mean any land area susceptible to being inundated by water as a result of a flood. The land is typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Flood plains may also include detached special flood hazard areas, ponding areas, etc. The flood plain is also known as the special flood hazard area (SFHA).
FLOOD PLAIN MANAGEMENTShall mean an overall program of corrective and preventive measures (mitigation) for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.
FLOOD PROTECTION ELEVATION (FPE)Shall mean the elevation of the base flood or 100-year frequency flood plus one foot of freeboard at any given location in the SFHA. Outside of the floodplain limits, the 100-year design water surface elevation of any adjacent stormwater facility or the 100-year storm elevation on non-NFIP mapped floodplain plus two feet of freeboard.
FLOODPROOFINGShall mean any combination of structural or nonstructural changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
FLOODPROOFING CERTIFICATEShall mean a form used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
FLOODWAYShall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (design storm) so that confinement of flood flows within the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.
FLOODWAY FRINGEShall mean those portions of the Special Flood Hazard Area outside the floodway.
FREEBOARDShall mean an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations (development outside the communities control), unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
FUNCTIONALLY DEPENDENT USEShall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term shall include 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.
HIGHEST ADJACENT GRADEShall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.
HISTORIC STRUCTUREShall mean any structure that is:
a. Listed individually in the National Register of Historic Places 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 the State Inventory of Historic Places which inventory is part of a historic preservation program approved by the Secretary of the Interior; or
Individually listed on the 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.
HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGEShall mean compensatory storage either adjacent to the floodplain fill or not located adjacent to the development but can be shown by hydrologic and hydraulic analysis to be equivalent to compensatory storage located adjacent to the development.
HYDROLOGICALLY DISTURBEDShall mean an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to change runoff volumes, rates or direction.
IMPERVIOUS SURFACEShall mean any hard-surfaced, man-made area that does not readily absorb or retain water including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation surfaces.
INTERMITTENT STREAMShall mean a stream whose bed intersects the groundwater table for only a portion of the year on the average or any stream which flows continuously for at least one month out of the year but not the entire year.
LEVEEShall mean a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee to provide relief from flood insurance requirements it will need to be a certified level meeting the minimum requirements of 44 CFR 65.
LEVEE SYSTEMShall mean a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOORShall mean the floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of Enclosed Area Below Lowest Floor are met.
MANUFACTURED HOMEAs defined by Chapter 414.28 of the Iowa Code shall mean a factory built structure, which is manufactured or constructed under the authority of 42 U.S.C. § 5403 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For the sake of this chapter the definition of manufactured home includes factory-built home. "Factory-build home" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "factory-built home" shall also include park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "factory-built home" does not include park trailers, travel trailers, and other similar devices.
MAXIMUM DAMAGE POTENTIAL DEVELOPMENTShall mean hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.
MEAN SEA LEVELShall mean, for the purposes of the National Flood Insurance Program (NFIP), the National American Vertical Datum of 1988 (NAVD 88) or other datum, to which base flood elevations shown on the community's Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) are referenced.
MINOR PROJECTSShall mean small development activities (except for filling, grading, and excavating) valued at less than $500.
MITIGATIONShall mean those measures necessary to minimize the negative effects which flood plain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding.
NATURALWhen used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by man through regarding and re vegetation.
NAVD 88Shall mean National American Vertical Datum of 1988, which supersedes the National Geodetic Vertical Datum of 1929 (NGVD).
NET WATERSHED BENEFITShall mean a finding that, when compared to the existing condition, the developed project will do one of the following: substantially reduce (more than 10%) downstream peak discharges; reduce downstream flood stages (more than 0.1 foot); or reduce downstream damages to structures occurring in the pre-development condition. The demonstration of one of these conditions must be through detailed hydrologic and hydraulic analysis of the watershed(s) on a regional scale.
NEW CONSTRUCTION(new buildings, factory - built home parks) - Shall mean those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISIONShall mean a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built 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 the first floodplain management regulations adopted by the community.
NGVDShall mean National Geodetic Vertical Datum of 1929. Reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929.
NO ADVERSE IMPACT (NAI)Shall mean a managing principle that includes both structural and nonstructural measure of floodplain management established by the Association of State Floodplain Manager (ASFPM) that provide a higher level of protection for a community and its citizens and to prevent increased flooding now and in the future.
NON-CONVERSION AGREEMENTShall mean an agreement binding on the current and future homeowners that the enclosure located below the base flood elevation will not be converted into living space.
NON-RIVERINEShall mean areas not associated with a stream or river such as isolated depressional storage areas, ponds and lakes.
NPDES IIShall mean that program mandated by Congress under the Clean Water Act, the NPDES Stormwater Program is a comprehensive two-phased national program for addressing the nonagricultural sources of stormwater discharges which adversely affect the quality of our nation's waters. The program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local water bodies.
ORDINARY HIGH WATER MARK (OHWM)Shall mean the point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.
PERENNIAL STEAMSShall mean riverine watercourses whose thalweg generally intersects the groundwater table elevation and flows throughout the year.
PROGRAM DEFICIENCYShall mean a defect in a community's flood plain management regulations or administrative procedures that impairs effective implementation of those flood plain management regulations or of the standards in Section 60.3 and 60.6 of the National Flood Insurance Program.
PUBLIC BODIES OF WATERShall mean all open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the state of Iowa, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto.
PUBLIC FLOOD CONTROL PROJECTShall mean a flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.
REASONABLY SAFE FROM FLOODINGShall mean methods and standards of foundation protection, such as the placement, compaction and protection of fill when used to elevate a building, that base flood waters will not inundate or damage a structure(s) to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Please refer to FEMA Technical Bulletin No. 10-1 "Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding."
RECREATIONAL VEHICLEShall mean a vehicle which is: (a) built on a single chassis; (b) 400 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 temporary living quarters for recreational, camping, traveling or seasonal use.
REGISTERED LAND SURVEYORShall mean a land surveyor registered in the state of Iowa as per Chapter 542b of the State Code of Iowa entitled "Professional Engineers and Land Surveyors."
REGULATORY FLOOD PLAINShall mean the flood plain as depicted on maps recognized by FEMA as defining the limits of the SFHA.
REGULATORY FLOODWAY OR DESIGNATED FLOODWAYShall mean those portions of the floodplain depicted on the Flood Insurance Rate Map which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no increase in stage due to the loss of flood conveyance or storage, and no increase in velocities.
REMEDY A VIOLATIONShall mean to bring the structure or other development into compliance with state or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the section or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSSShall mean a building covered by an NFIP flood insurance policy that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on average, equaled or exceeded 25% of the market value of the building at the time of each such flood event.
RETENTION/DETENTION FACILITYShall mean a facility for the purpose of retaining or detaining stormwater. A retention facility stores stormwater runoff without a gravity release for infiltration purposes. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIESShall mean repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement to the structure or repair of a damaged structure. Such repairs include:
a. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding.
Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
Repairing or replacing damaged or broken window panes.
Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.
RUNOFFShall mean the water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.
SEDIMENTATIONShall mean the process that deposits soil, debris, and other materials either on ground surfaces or in bodies of water or water courses.
SPECIAL FLOOD HAZARD AREAShall mean the land within a community subject to the base flood. This land is identified on the community's Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR and/or A99.
START OF CONSTRUCTIONShall include substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a permanent 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 as 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.
STORMWATER MANAGEMENTShall mean a set of actions taken to control stormwater (surface) runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction.
STREAM OR RIPARIAN BUFFERShall mean a best management practice (BMP) that either as a stand-alone practice or in conjunction with other practices seeks to minimize the adverse effects on the quality of water within the adjacent stream by providing or preserving a predominantly vegetation area that acts as a barrier between a particular land use (house, lawn, commercial, etc.) and the water for the purpose eliminating or mitigating adverse run-off effects.
STRUCTUREShall mean man-made change to the land constructed on or below grade, including construction, reconstruction or placement of a building or any addition to a building, roads, signs, billboards, etc.; installing a manufactured home on a site; preparing a site for manufactured home or installing a travel trailer on a site for more than 180 days.
SUBSTANTIAL DAMAGEShall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.
Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds twenty-five (25%) percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.
SUBSTANTIAL IMPROVEMENTShall mean any improvement to a structure which satisfies either of the following criteria:
a. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.
The term does not, however, include 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. The term also does not include any alteration of an "historic structure," provided the alteration will not preclude the structure's designation as an " historic structure."
Any addition which increases the original floor area of a building by twenty-five (25%) percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five (25%) percent.
VARIANCEShall mean a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATIONShall mean the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the National Flood Insurance Program is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATIONShall mean the height, in relation to the National American Vertical Datum of 1988 or other datum, where specified, of floods of various magnitudes and frequencies in the flood plains of riverine or other areas.