It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities.
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. 
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. 
Control filling, grading, dredging and other development which may increase erosion or flood damage.
E. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
As used in this chapter, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the Town Planner's interpretation or decision on any provision of this chapter.
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 year.
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.
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the floodway.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the federal insurance administration. the report contains flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood.
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 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter (May 11, 1977), and includes any subsequent improvements to such structures.
PERSON
Any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and their agencies.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Four hundred 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.
START OF CONSTRUCTION
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. Should the permittee fail to commence work within this time frame, a new permit shall be required. The 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, 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.
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 before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
A. 
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or
B. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, alteration or improvements to a structure taking place during the life of 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 be the appraised value of the structure using the segregated cost method 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. The term does not, however, include any improvement project required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
VARIANCE
A grant of relief by the Zoning Board of Appeals from the terms of this chapter.