Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
APPEAL
A request for a review of the Borough Engineer's interpretation
of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding to
an avenge 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.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded
in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground
level) on all sides.
BASE FLOOD ELEVATION
That elevation or locations at which there is a one-percent chance
of annual flood occurrence. Base flood elevations are posted at cross sections
on the Flood Insurance Rate Map.
BREAKAWAY WALL
A wall that is part of the structural support of the building and
is intended through its design and construction to collapse under specific
lateral loading forces without causing damage to the elevated portion of the
building or supporting foundation system.
CLUSTERED
The arrangement of lots or structures in such a way as to minimize
the total land coverage area and to minimize the total open space area.
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.
ELEVATED BUILDING
A nonbasement building built in the case of a building in an area
of special flood hazard, to have the top of the elevated floor, or in the
case of a building in a coastal high hazard area, to have the bottom of the
lowest horizontal structural member of the elevated floor elevated above the
ground level by means of piling, 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 up to the magnitude
of the base flood. In an area of special flood hazard, "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 floodwaters.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters; and/or
(2)
The unusual and rapid accumulation or runoff of surface waters from
any source.
FLOOD FRINGE AREA
That portion of the special flood hazard area outside the floodway.
FLOOD INSURANCE RATE MAP (FIRM)
The official map 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 (FIS)
The official report provided in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map and the
water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations, in any combination
thereof, which provide standards for the purpose of flood damage prevention
and reduction.
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 0.2 foot.
HISTORIC STRUCTURE
Any structure that is:
(1)
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.
(2)
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic 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, useable solely for the parking
of vehicles, building access or storage in an area other than basement is
not considered a building's lowest floor, provided that such enclosure
is not built so to render the structure in violation of other applicable nonelevation
design requirements.
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 attached to the required utilities. The term "manufactured
home" does not include a recreational vehicle.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after
the effective date of a floodplain regulation adopted by a community and includes
any subsequent improvements to such structures.
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 the floodplain management regulations
adopted by the municipality
PEAK FLOW DISCHARGE
The highest value or stage of discharge attained during a flood event,
expressed as a design discharge in cubic feet per second.
PERSON
Includes any individual or group of individuals, corporation, partnership,
association or any other organized group of persons, including state and local
governments and agencies thereof.
RATIONAL METHOD
The method accepted by the engineering profession in determining
surface water hydrology which requires the determination of watershed area,
runoff coefficients and rainfall intensity based on time of concentration.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square feet or
less when measured at the longest horizontal projections; designed to be self-propelled
or permanently towable by a light-duty truck; and designed primarily not for
use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
SOIL CONSERVATION SERVICE METHOD
The method of determining surface water hydrology developed by the
United States Department of Agriculture, Soil Conservation Service, as outlined
in the United States Department of Agriculture Engineering Field Manual for
Conservation Practices, as revised.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The plan prepared indicating any temporary or permanent measures
to be taken to prevent erosion and/or sediment damage to the site in conformance
with applicable state and Borough laws.
SPECIAL FLOOD HAZARD AREA
The floodway and the flood fringe area as designated on the Flood
Insurance Rate Map. This is the area which has a one-percent chance of being
inundated; it is further delineated by the base flood elevations and floodway
widths as posted at the cross sections on the Flood Insurance Rate Map. Its
precise boundary for any specific location must be fixed by field survey.
This area must be at a minimum the same as the Flood Insurance Study.
START OF CONSTRUCTION
For other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial
improvements and means the date the building permit was issued, provided that
the actual start of construction, repair, reconstruction, rehabilitation,
addition, 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 a site, such as the pouring of a 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 or 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. 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.
STRUCTURE
A walled and roofed building, manufactured home or a gas or liquid
storage tank 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.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value of the structure
before the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair work
performed. The term does not, however, include either:
(1)
Any project for improvement of a structure to correct existing violations
of the state or local health, sanitary or safety code specifications which
have been identified by the local code enforcement officer and which are the
minimum necessary to assure safe living conditions; or
(2)
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a "historic
structure".
SURFACE WATER MANAGEMENT PLAN
A plan consistent with the purposes and policies of this chapter
which fully indicates all necessary land treatment measures and techniques,
including a schedule for implementation and maintenance.
VARIANCE
A grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.