As used in this chapter, the following terms shall have
the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding to
an average annual 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly
referred to as the "base floodplain" or "one-hundred-year floodplain."
BASE FLOOD
The flood having a one-percent chance of being equalled or exceeded
in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground
level) on all sides.
CELLAR
The same meaning as "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or
more in height, which is used to service the underside of the lowest elevated
floor. The elevation of the floor of this enclosed area, which may be of soil,
gravel, concrete or other material, must be equal to or above the lowest adjacent
exterior grade. The enclosed crawl space area shall be properly vented to
allow for the equalization of hydrostatic forces which would be experienced
during periods of flooding.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in Zones
A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated
floor or, in the case of a building in Zones V1-30, VE, or V, to have the
bottom of the lowest horizontal structure member of the elevated floor elevated
above the ground level by means of pilings, 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. In the case of Zones A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "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 flood waters. In the case of Zones
V1-V30, VE or V, "elevated building" also includes a building otherwise meeting
the definition of "elevated building," even though the lower area is enclosed
by means of breakaway walls that meet the federal standards.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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 complete before the effective date of the floodplain management regulations
adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities
for servicing 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).
FLOOD OR FLOODING
(1)
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a)
The overflow of inland or tidal waters.
(b)
The unusual and rapid accumulation or runoff of surface waters from
any source.
(2)
"Flood" or "flooding" also means 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 a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection
(1)(a) above.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency
Management Agency as part of a riverine community's Flood Insurance Study.
The FBFM delineates a regulatory floodway along water courses studied in detail
in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management
Agency where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the risk-premium
zones applicable to the community.
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 same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding
and ship repair facilities. The term does not include long-term storage, manufacturing,
sales, or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
(1) 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;
(2) 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;
(3) 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
(4) Individually listed on a local inventory of historic
places in communities with historic preservation programs that have been certified
either:
(a) By an approved state program as determined by the Secretary
of the Interior; or
(b) Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance with
its provisions. This person is often the Code Enforcement Officer, Building
Inspector or employee of an engineering department.
LOWEST FLOOR
Lowest floor of the lowest enclosed area (including basement or cellar).
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 enclosure is not built
so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter.
MANUFACTURED HOME
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. The term does not include
a "recreational vehicle."
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after
the effective date of a floodplain management regulation adopted by the community
and includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 on or after the effective date of floodplain management regulations
adopted by a community.
(5) Built on a single chassis.
(6) Four hundred square feet or less when measured at the
largest horizontal projections.
(7) Designed to be self-propelled or permanently towable
by a light duty truck.
(8) Not designed primarily for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel or seasonal
use.
REGULATORY 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 a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
148-13B of this chapter.
START OF CONSTRUCTION
Includes substantial improvement and means the initiation, excluding
planning and design, of any phase of a project or physical alteration of the
property, and shall include land preparation, such as clearing, grading, and
filling; installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms. It also
includes the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to its permanent
site.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
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 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 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:
(9) 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
(10) Any alteration of a historic structure, provided that
the alteration will not preclude the structure's continued designation
as a historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this
chapter.