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.
As used in this chapter, the following terms
shall have the meanings indicated:
APPEAL
A request for review of the Floodplain Official's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community with a one-percent
or greater chance of flooding in any given year. The area is designated
as Zone(s) A and AE on the Flood Insurance Rate Map (FIRM).
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of a building having its floor subgrade on all sides.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials located within the area of special
flood hazard.
FEMA
The Federal Emergency Management Agency.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation or normally dry land areas from the overflow of inland
or tidal water and/or the unusual and rapid accumulation of runoff
of surface waters from any source.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination and determination of mudslide or flood-related erosion
hazards.
FLOOD INSURANCE RATE MAP (FIRM)
An official map incorporated with this chapter, on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the City of Lebanon.
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 sanitation
facilities, structures and their contents.
FUNCTIONALLY DEPENDENT USE
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 and port facilities that are necessary for the loading/unloading
of cargo or passengers, and shipbuilding/repair facilities but does
not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of 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 historical significance
of a registered historic district, 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 floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, used solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered the 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.
A "basement" means any area of the building having its floor subgrade
(below ground level) on all sides.
MANUFACTURED HOME
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. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
MEAN SEA LEVEL
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
Includes substantial improvement, and means the date the
building permit was issued, provided that actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of the 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 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 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.
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.
RECREATIONAL VEHICLE
A.
Built on a single chassis;
B.
Four hundred 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 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 increasing the water surface elevation. These areas are designated
on the FIRM map.
SPECIAL FLOOD HAZARD
An area having flood, mudslide and/or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A or AE (see "area of
special flood hazard.")
START OF CONSTRUCTION
Includes substantial improvements, and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction, placement 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 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 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 part of the main structure.
STRUCTURE
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.
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 combination of repairs, reconstruction, alteration or
improvements to a structure in which the cumulative cost equals or
exceeds 50% of the market value of the structure. The market value
of the structure should equal the appraised 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. For the 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. This term includes structures
which have incurred substantial damage, regardless of actual repair
work performed. The term does not, however, include any project for
improvement of a structure required to comply with existing health,
sanitary or safety code specifications which are solely 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.
VARIANCES
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
VIOLATION
Means 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
44CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided.
WATER SURFACE ELEVATION
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains.