Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations their most reasonable application. Additional definitions for terms commonly used for floodplain management purposes are provided by FEMA and DNRC. Such terms and definitions may be utilized by the floodplain administrator for the purposes of administering these regulations where the term is defined by FEMA or DNRC and is not in conflict with a definition included in these regulations.
ACT: Montana floodplain and floodway management act, title 76, chapter 5, Montana Code Annotated.
ALTERATION(S): Any change or addition to an artificial obstruction that either increases the size of the artificial obstruction or increases its potential flood hazard. Maintenance of an artificial obstruction is not an alteration.
APPEAL: A request for a review by the Belgrade city council of the decision of the floodplain administrator.
ARTIFICIAL OBSTRUCTION: Any obstruction which is not natural and includes any dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting into any floodplain which may impede, retard or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of water would carry the same downstream to the damage or detriment of either life or property.
BASE FLOOD (100-YEAR FLOOD): A flood having a one percent (1%) chance of being equaled or exceeded in any given year. A base flood is the same as a flood of 100-year frequency.
BASE FLOOD ELEVATION: The elevation above sea level of the base flood in relation to North American vertical datum of 1988 unless another datum is otherwise specified in the flood insurance study.
CHANNELIZATION PROJECT: Excavation or construction or both of an artificial channel for the purpose of diverting the entire flow of a stream from its established course.
COUNCIL: The Belgrade city council.
DNRC: Montana department of natural resources and conservation.
DECISION: The action rendered by the floodplain administrator: a) on an application for a permit; or b) on a request for interpretation of a floodplain boundary.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ESTABLISH: To construct, place, insert or excavate.
FEMA: The federal emergency management agency.
FLOOD INSURANCE RATE MAP: The map on which FEMA has delineated the 100-year floodplain, the base flood elevations (BFE) and risk premium zones.
FLOOD INSURANCE STUDY: The report in which FEMA has provided flood profiles, as well as the flood boundary/floodway map and the water surface profiles.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN: The areas subject to these regulations, generally adjoining a stream, which would be covered by floodwater of a base flood except for designated sheet flood areas that receive less than one foot (1') of water per occurrence which are considered "zone B" by FEMA. The floodplain consists of a floodway and floodway fringe. The floodplain is delineated according to where the base flood elevation intersects surveyed elevations of natural ground.
FLOODPLAIN ADMINISTRATOR: The person authorized under subsection 12-4-1A of this title to administer these regulations.
FLOODWAY: The channel of a stream and those portions of the floodplain adjoining the channel that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than one-half foot (1/2').
FLOODWAY FRINGE: That portion of the floodplain outside the limits of the floodway.
LEVEE: A manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. (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.) The lowest floor is a determinate for the flood insurance premium for a building, home, or business.
LOWEST FLOOR ELEVATION: The elevation of the lowest floor reported in the North American vertical datum of 1988, unless another datum is otherwise specified in the flood insurance study.
MANUFACTURED HOME: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.
MEAN SEA LEVEL: The North American vertical datum (NAVD) of 1988 or other datum to which base flood elevations are referenced.
NEW CONSTRUCTION: Any structure for which the start of construction, substantial improvement or alteration commences on or after the effective date of these regulations.
NONCONFORMING USES: Uses, artificial obstructions, development, and structures that existed prior to adoption of floodplain regulations by the city of Belgrade on May 12, 1997, but that are not in conformance with the requirements of these regulations. To be considered a valid nonconforming use, the floodplain administrator may require documentation to demonstrate the nonconforming use met the requirements of all applicable laws at the time it was established.
100-YEAR FLOOD: A 100-year flood is the same as the base flood.
PERMIT(S): A floodplain development permit.
RECREATIONAL VEHICLE PARK OR CAMPGROUND: A parcel or contiguous parcels of land divided into two (2) or more recreational vehicle spaces for rent or sale.
REGULATIONS: These city of Belgrade floodplain regulations.
RIPRAP: Stone, rocks, concrete blocks or analogous material that is placed along the banks or bed of a stream for the purpose of alleviating erosion.
SHEET FLOOD AREA: Areas subject to 100-year flooding with depths less than one foot (1'), removed from the main stem channel, and identified as zone B by FEMA.
START OF CONSTRUCTION: Commencement of clearing, grading, filling, or excavating to prepare a site for construction.
STRUCTURE: A walled and roofed building, manufactured home, (or) a gas or liquid storage tank, bridge, culvert, dam, diversion, wall, revetment, dike, or other projection that may impede, retard, or alter the pattern of flow of water.
SUBSTANTIAL DAMAGE: Damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
A. Before the improvement or repair is started, or
B. If the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. A substantial improvement differs from the alteration of a structure in that it is not qualified by affecting the external dimensions of the structure. The term also does not 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, or
B. Any alteration of a structure listed on the national register of historic places or state inventory of historic places.
SUITABLE FILL: Fill material which is stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, and tree stumps or other organic material; and is fitted for the purpose of supporting the intended use or a permanent structure.
VARIANCE: A grant of relief from the requirements of these regulations which would permit construction in a manner that would otherwise be prohibited by these regulations.
VIOLATION: The failure of a structure or other development to be fully compliant with these regulations. (Ord. 2011-5, 10-17-2011)