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§ 14-5-1-4  DEFINITIONS.
   For the purpose of §§ 14-5-1-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPEAL.  A request for a review of the City Engineer's interpretation of any provision of §§ 14-5-1-1 et seq. or a decision on a request for a variance.
   AREA OF SHALLOW FLOODING.  A designated AO Zone on the Flood Insurance Rate Map (FIRM).  The base flood depths range from one to three feet; a clearly defined channel does not exist and the path of flooding is unpredictable or indeterminate.
   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 equalled or exceeded in any given year.
   CITY ENGINEER.  The chief administrative engineer of the Utility Development Division of the City or his authorized representative.
   CRITICAL FEATURE.  An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
   DEVELOPMENT.  Any manmade 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.
   ELEVATED BUILDING.  A nonbasement building built, in the case of a building in Zones A1-30, A, A99, AO, AH, B, and C to have the top of the elevated floor elevated above the ground 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 A1-30, A, A99, AO, AH, B, and C, 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.
   EXISTING CONSTRUCTION.  For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS' effective before that date.  EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
   FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland waters; and/or
      (2)   The unusual and rapid accumulation of runoff of surface waters from any source.
   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 Albuquerque.
   FLOOD INSURANCE STUDY.  The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
   FLOODPLAIN OR FLOOD PRONE AREA.  Any land area susceptible to being inundated by water from any source (see FLOODING.).
   FLOOD PROTECTION SYSTEM.  Those physical structural works for which funds have been authorized, appropriated, and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extend of the depths of associated flooding.
   FLOODWAY.  The channel of a river, arroyos or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood.
   HIGHEST ADJACENT GRADE.  The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
   LEVEE.  A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
   LEVEE SYSTEM.  A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
   LOWEST FLOOR.  The lowest floor of the lowest enclosed area (including basement).  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 non-elevation design requirement of 44 CFR 60.3 of the National Flood Insurance Program regulations.
   MANUFACTURED HOME.  A structure transport-able 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.  It does not include modular or premanufactured homes, built to the standards of the Building Code (adopted in § 14-1-3) as provided at the time the dwelling unit was erected.
   MAYOR.  The Mayor or his designated representative.
   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 §§ 14-5-1-1 et seq.
   PROFESSIONAL ENGINEER.  A professional engineer registered in the state and formally trained as a civil engineer.
   START OF CONSTRUCTION.  Includes substantial improvement and means the date the building permit was issued, provided 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 a 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 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, a mobile home, or a gas or liquid storage tank, that is principally above ground.
   SUBSTANTIAL IMPROVEMENTS.  Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
      (1)   Before the improvement or repair is started; or
      (2)   If the structure has been damaged and is being restored, before the damage occurred. For the purpose 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:
         (a)   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions;
         (b)   Any alteration of a structure listed on the National Register of Historic Places or the New Mexico Cultural Properties Register; or
         (c)   Any construction or alteration of a structure less than 250 square feet when measured in plan view.
   VARIANCE.  A grant of relief from the requirements of §§ 14-5-1-1 et seq. which permits construction in a manner that would otherwise be prohibited by §§ 14-5-1-1 et seq.
   VIOLATION.  The failure of a structure or other development to be fully compliant with the  community's floodplain management regulations.  A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §§ 14-5-1-1 et seq. 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 riverine areas.
('74 Code, § 7-3-4)  (Ord. 99-1981; Am Ord. 77-1983; Am. Ord. 66-1987)