As used in this chapter, the following terms shall
have the meanings indicated:
APPEAL
A request for a review of the Rocky Hill Planning and Zoning
Commission'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 subject to
a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or one-hundred-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 coastal and riverine areas.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BUILDING
See the 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 components, structural components,
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 buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
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, as 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.
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 manufacturing 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 INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency (FEMA) that includes flood profiles and the water surface elevation
of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
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.
FLOOR
The top surface of an enclosed area in a building, including
basement, i.e., the top of the slab in a concrete slab construction
or the top of the wood flooring in a wood frame construction. The
term does not include the floor of a garage used solely for parking
vehicles.
FREEBOARD
A vertical distance above the maximum flood elevation in
order not to be overtopped by waters that rise above the flood elevation
due to waves or floods in excess of the design flood.
FUNCTIONALLY DEPENDENT FACILITY
A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair or seafood processing facilities.
The term does not include long-term storage, manufacture, sales or
service facilities.
HIGHEST ADJACENT GRADE (HAG)
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:
(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 historic 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building's lowest floor.
MANUFACTURED HOME
A structure, including recreational vehicles, 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 attached
to the required utilities. The term also includes park trailers, travel
trailers, recreational vehicles, and other similar vehicles or transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
MARKET VALUE
Market value of the structure shall be determined by an independent
appraisal by a professional appraiser.
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 the effective date of this chapter.
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,
August 23, 1980, of the floodplain management ordinance adopted by
the community.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured
at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently
towed by a light-duty truck; and
(4)
Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for recreational, camping,
travel, or seasonal use.
START OF CONSTRUCTION
(1)
For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348),
includes substantial improvement and means the date the building permit
was issued, provided that the actual start of construction, repair,
reconstruction or improvement was within 180 days of the permit date.
"Actual start" means the first placement of permanent construction
of a structure, including a manufactured home, on a site, such as
the pouring of slabs or footings, installation of piles, construction
of columns or any work beyond the stage of excavation, or 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.
(2)
For a substantial improvement, "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 that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-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, 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 as determined
at the beginning of such ten-year period. 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 from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
VIOLATION
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing 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 National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.