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Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to give them the meaning they have in common usage and to give this Chapter its most reasonable application. Definitions contained in the City-County Planning Commission’s Zoning Ordinance and Subdivision Regulations as adopted by the City of Bowling Green may conflict and are intended for use in those documents and shall not be used to interpret the provisions of this Chapter.
“A Zone” shall mean portions of the Special Flood Hazard Area (SFHA) in which the principle source of flooding is runoff from rainfall, snowmelt or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to structures. Areas of 100-year flood, base flood elevations and flood hazard factors are not determined.
“Accessory structure (Appurtenant structure)” shall mean a structure located on the same parcel of property as the principle structure, the use of which is incidental to the use of the principle structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation and should be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns and hay sheds.
“Accessory use” shall mean a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Addition (to an existing structure)” shall mean any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.
“A1-30 and AE Zones” shall mean special Flood Hazard Areas inundated by the one percent (1%) annual chance of flood (100-year flood). Base flood elevations (BFEs) are determined.
“Appeal” shall mean a request for a review of the Floodplain Administrator’s interpretation of any provision of this Chapter or from the Floodplain Administrator's ruling on a request for a variance.
“AR/A1 – A30, AR/AE, AR/AH, AR/AO and AR/A Zones” shall mean Special Flood Hazard Areas (SFHAs) that result from the de-certification of a previously accredited flood protection system that is in the process of being restored to provide a 100-year or greater level of flood protection. After restoration is complete these areas will still experience residual flooding from other flooding sources.
“A99 Zone” shall mean that part of the SFHA inundated by the 100-year flood which is to be protected from the 100-year flood by a federal flood protection system under construction. No base flood elevations are determined.
“Area of shallow flooding” shall mean a designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) where the base flood depths range from one to three (3) feet, there is no clearly defined channel, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
“B and X Zones (shaded)” shall mean areas of the two tenths (0.2%) percent annual chance (500-year) flood, areas subject to the 100-year flood with average depths of less than one (1) foot or with contributing drainage area less than one (1) square mile, and areas protected by levees from the base flood.
“Base flood” shall mean a flood which has a one (1%) percent chance of being equaled or exceeded in any given year (also called the 100-year flood). Base flood is the term used throughout this Chapter.
“Base Flood Elevation (BFE)” shall mean the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH and AR/AO that indicates the water surface elevation resulting from a flood that has a 1 (1%) percent or greater chance of being equaled or exceeded in any given year.
“Basement” shall mean that portion of a structure having its floor subgrade (below ground level) on all four sides.
“Building” shall mean a walled and roofed structure that is principally aboveground, including a manufactured home, gas or liquid storage tank or other man-made facility or infrastructure. See definition for structure.
“C and X (unshaded) Zones” shall mean areas determined to be outside the 500-year floodplain.
“Community” shall mean a political entity having the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.
“Community Rating System (CRS)” shall mean a program developed by the Federal Insurance Administration (FIA) to provide incentives to those communities in the Regular Program to go beyond the minimum floodplain management requirements to develop extra measures for protection from flooding.
“Community Flood Hazard Area (CFHA)” shall mean an area that has been determined by the Floodplain Administrator (or other delegated, designated or qualified community official) from available technical studies, historical information and other available and reliable sources, which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety and general welfare. Included are areas downstream from dams.
“Critical facility” shall mean any property that, if flooded, would result in severe consequences to public health and safety or a facility which, if unusable or unreachable because of flooding, would seriously and adversely affect the health and safety of the public. Critical facilities include but are not limited to:
1) housing likely to contain occupants not sufficiently mobile to avoid injury or death unaided during a flood schools;
2) nursing homes, hospitals, police, fire and emergency response installations;
3) vehicle and equipment storage facilities, emergency operations centers likely to be called upon before, during and after a flood;
4) public and private utility facilities important to maintaining or restoring normal services before, during and after a flood; and,
5) those facilities or installations which produce, use or store volatile, flammable, explosive, toxic and/or water-reactive materials, hazardous materials or hazardous waste.
“D Zone” shall mean an area in which the flood hazard is undetermined.
“Development” shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials or equipment.
“Elevated structure” shall mean a non-basement structure built to have the lowest floor elevated above ground level by means of fill, solid foundation perimeter walls, piling, columns (post and piers), shear walls or breakaway walls. See freeboard requirements for residential and non-residential structures.
“Elevation Certificate” shall mean a statement certified by a registered professional engineer or surveyor on the Federal Emergency Management Agency (FEMA) approved form in effect at the time of certification that verifies a structure’s elevation and other related information to verify compliance with this Chapter.
“Emergency Program” shall mean the initial phase under which a community participates in the National Flood Insurance Program (NFIP), intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial Flood Insurance Rate Map (FIRM).
“Enclosure” shall mean that portion of a structure below the Base Flood Elevation (BFE) used solely for parking of vehicles, limited storage or access to the structure.
“Encroachment” shall mean the physical advance or infringement of uses, plant growth, fill, excavation, structures, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
“Existing construction” shall mean any structure for which the start of construction commenced before the effective date of the Flood Insurance Rate Map (FIRM) or before January 1, 1975 for FIRM is effective before that date. “Existing construction” may also be referred to as “Existing structures.”
“Existing manufactured home park or subdivision” shall mean 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 before the effective date of the first floodplain management ordinance adopted by the City of Bowling Green based on specific technical base flood elevation data which established the area of special flood hazards.
“Expansion to an existing manufactured home park or subdivision” shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).
“Five Hundred-Year Flood (500-Year Flood)” shall mean the flood that has a two tenths (0.2 %) percent chance of being equaled or exceeded in any year. Areas subject to the 500-year flood have a moderate to low risk of flooding.
“Flood, flooding or flood water” shall mean:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e. mudflows).
b. The condition resulting from flood-related erosion.
“Flood Boundary and Floodway Map (FBFM)” shall mean a map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and the regulatory floodway.
“Flood Hazard Boundary Map (FHBM)” shall mean a map on which the boundaries of the flood, mudslide (i.e. mudflow) and flood-related erosion areas having special hazards have been designated as Zones A, M and/or E by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA).
“Flood Insurance Rate Map (FIRM)” shall mean a map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated special flood hazard areas and risk premium zones.
“Flood Insurance Study” (FIS) shall mean the report provided by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) containing flood profiles, the Flood Insurance Rate Map (FIRM) and/or the Flood Boundary Floodway Map (FBFM) and the water surface elevation of the base flood.
“Floodplain or flood-prone area” shall mean any land area susceptible to being inundated by flood waters from any source.
“Floodplain Administrator” shall mean the individual appointed by a National Flood Insurance Program (NFIP) participating community to administer and enforce the floodplain management ordinances.
“Floodplain management” shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management ordinances and open space plans.
“Floodplain management regulations” shall mean the provisions of this Chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood-prone areas. This term describes federal, state and/or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
“Floodproofing” shall mean any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.
“Floodproofing Certificate” shall mean a certification by a registered professional engineer or architect on a FEMA-approved form in effect at the time of certification stating that a non-residential structure, together with attendant utilities and sanitary facilities, is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.
“Floodway” shall mean 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. Also referred to as the regulatory floodway.
“Floodway fringe” shall mean that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis.
“Freeboard” shall mean a factor of safety, usually expressed in feet above the Base Flood Elevation (BFE), which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. Freeboard must be applied not just to the elevation of the lowest floor or floodproofing level, but also to the level of protection provided to all components of the structure, such as building utilities, HVAC components, etc.
“Fraud and victimization” shall mean, as related in the Appeals and Variance Procedures of this Chapter, the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Bowling Green will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for fifty (50) to one (100) hundred years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages may incur. In addition, future owners may purchase the property unaware that it is subject to potential flood damage and can be insured only at very high flood insurance rates.
“Functionally dependent use facility” shall mean a facility, structure or other development which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term includes only 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.
“Governing body” shall mean the City of Bowling Green.
“Hazard potential” shall mean the possible adverse incremental consequences that result from the release of water or stored contents due to failure of a dam or misoperation of a dam or appurtenances. The hazard potential classification of a dam does not reflect in any way the current condition of a dam and its appurtenant structures (e.g., safety, structural integrity, flood routing capacity).
“Highest adjacent grade” shall mean the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
“Historic structure” shall mean any structure that is:
a. 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;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 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,
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior, or,
2. Directly by the Secretary of the Interior in states without approved programs.
“Increased Cost of Compliance (ICC)” provides for the payment of a claim for the cost to comply with State or community floodplain management laws or ordinances after a direct physical loss by flood. When a building covered by a Standard Flood Insurance Policy (SFIP) under the National Flood Insurance Program (NFIP) sustains a loss and the state or community declares the building to be substantially or repetitively damaged, ICC will help pay up to thirty thousand dollars ($30,000) for the cost to elevate, floodproof, demolish or remove the building. ICC coverage is available on residential and non-residential buildings (this category includes public or government buildings, such as schools, libraries and municipal buildings) insured under the NFIP.
“Kentucky Revised Statute 151.250” requires that plans for dams, levees, etc. be approved and permit issued by the Kentucky Environmental and Public Protection Cabinet:
a. Notwithstanding any other provision of law, no person and no city, county or other political subdivision of the state, including levee districts, drainage districts, flood control districts or systems, or similar bodies, shall commence the construction, reconstruction, relocation or improvement of any dam, embankment, levee, dike, bridge, fill or other obstruction (except those constructed by the Department of Highways) across or along any stream, or in the floodway of any stream. Unless, the plans and specifications for such work have been submitted by the person or political subdivision responsible for the construction, reconstruction or improvement and such plans and specifications have been approved in writing by the Cabinet and a permit issued. However, the Cabinet by regulation may exempt those dams, embankments or other obstructions which are not of such size or type as to require approval by the Cabinet in the interest of safety or retention of water supply.
b. No person, city, county or other political subdivision of the state shall commence the filling of any area with earth, debris or any other material or raise the level of any area in any manner or place a building, barrier or obstruction of any sort on any area located adjacent to a river or stream or in the floodway of the stream so that such filling, raising or obstruction will in any way affect the flow of water in the channel or in the floodway of the stream; unless, plans and specifications for such work have been submitted to and approved by the Cabinet and a permit issued as required in hereinabove.
c. Nothing in this section is intended to give the Cabinet any jurisdiction or control over the construction, reconstruction, improvement, enlargement, maintenance or operation of any drainage district, ditch or system established for agricultural purposes or to require approval of the same except where such obstruction of the stream or floodway is determined by the Cabinet to be a detriment or hindrance to the beneficial use of water resources in the area and the person or political subdivision in control thereof so notified. The Kentucky Division of Water through KRS Chapter 350 shall have exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams, levees, embankments, dikes, bridges, fills or other obstructions across or along any stream or in the floodway of any stream which structures are permitted under KRS Chapter 350 for surface coal mining operations.
“Kentucky Revised Statute 151.320” stipulates that:
a. The mayor or chief executive officer of the City shall have the concurrent duty of enforcing with the Cabinet, within their city, the provisions of KRS 151.250, 151.280 and 151.310 and rules and regulations issued thereunder.
b. When a violation of KRS 151.250, 151.280 or 151.310 within the city is brought to the attention of the mayor or chief executive officer, he/she shall immediately notify the Cabinet of the location and details of such violation.
“Letter of Map Change (LOMC)” shall mean an official FEMA determination by letter to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps and Flood Insurance Studies. LOMC’s include the following categories:
a. “Letter of Map Amendment (LOMA)” shall mean a revision based on technical data showing that a property was incorrectly included in a designated Special Flood Hazard Area (SFHA). A Letter of Map Amendment (LOMA) amends the current effective Flood Insurance Rate Map (FIRM) and establishes that a specific property is not located in a Special Flood Hazard Area (SFHA).
b. “Letter of Map Revision (LOMR)” shall mean a revision based on technical data that usually due to manmade changes shows changes to flood zones, flood elevations, floodplain and floodway delineations and planimetric features.
c. “Letter of Map Revision – Fill (LOMR-F)” shall mean a determination that a structure or parcel has been elevated by properly placed engineered fill above the Base Flood Elevation (BFE) and is, therefore, excluded from the SHFA.
“Levee” shall mean a man-made 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” shall mean a flood protection system that 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. For a levee system to be recognized, the following criteria must be met:
a. All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be operated in accordance with an officially adopted operation manual (a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or revised); and,
b. All operations must be under the jurisdiction of a federal or state agency, an agency created by federal or state law or an agency of a community participating in the National Flood Insurance Program (NFIP).
“Limited storage” shall mean an area used for storage and intended to be limited to incidental items which can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood resistant material, void of utilities except for essential lighting and cannot be temperature controlled.
“Lowest adjacent grade” shall mean the elevation of the sidewalk, patio, deck support or basement entryway immediately next to the structure and after the completion of construction. It does not include earth that is emplaced for aesthetic or landscape reasons around a foundation wall. It does include natural ground or properly compacted fill that comprises a component of a structure’s foundation system.
“Lowest floor” shall mean the lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, structure access or storage in an area other than a basement area is not considered a structure’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.
“Manufactured home” shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected or attached to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for one hundred eight (180) consecutive days or longer and intended to be improved property. The term “manufactured home” does not include a recreational vehicle.
“Manufactured home park or subdivision” shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
“Map” shall mean the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).
“Map panel number” shall mean the four-digit number on a flood map, followed by a letter suffix, assigned by FEMA. The first four (4) digits represent the map panel. The letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)
“Market value” shall mean the structure value, excluding the land (as agreed between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal replacement cost depreciated by age of structure (Actual Cash Value) or adjusted assessed values.
“Mean Sea Level (MSL)” shall mean the average height of the sea for all stages of the tide. For the purposes of the National Flood Insurance Program, the MSL is used as a reference for establishing various elevations within the floodplain as shown on a community’s Flood Insurance Rate Map (FIRM). For purposes of this Chapter, the term is synonymous with either National Geodetic Vertical Datum (NGVD) 1929 or North American Vertical Datum (NAVD) 1988.
“Mitigation” shall mean sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: 1) to protect people and structures; 2) and to minimize the costs of disaster response and recovery.
“Mudslide (i.e. mudflow)” shall mean a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may occur as a distinct phenomenon while a landslide is in progress and will be recognized as such by the Floodplain Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
“Mudslide (i.e. mudflow) area management” shall mean the operation of and overall program of corrective and preventative measures for reducing mudslide (i.e. mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works and floodplain management regulations.
“Mudslide (i.e. mudflow) prone area” shall mean an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow.
“National Flood Insurance Program (NFIP)” shall mean the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.
“National Geodetic Vertical Datum (NGVD)” shall mean as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used as the vertical datum on the older FIRM’s. Refer to FIRM legend panel for correct datum.)
“New construction” shall mean structures for which the start of construction commenced on or after the effective date of the City of Bowling Green’s floodplain management regulations and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” shall mean 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 City of Bowling Green’s adopted floodplain management ordinances.
“Non-residential” shall mean structures that are not designed for human habitation, including but not limited to small business concerns, churches, schools, farm structures (including grain bins and silos), pool houses, clubhouses, recreational structures, mercantile structures, agricultural and industrial structures, warehouses and hotels or motels with normal room rentals for less than six (6) months duration.
“North American Vertical Datum (NAVD)” as corrected in 1988, shall mean a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used on the newer FIRM’s and Digitally Referenced FIRM’s (DFIRM’s). Refer to FIRM or DFIRM legend panel for correct datum.
“Obstruction” shall include but is not limited to any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.
“One Hundred-Year Flood (100-Year Flood)” shall mean the flood that has a one (1%) percent or greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 100-year flood. Over the life of a thirty (30) year loan, there is a twenty six (26%) percent chance of experiencing such a flood with the Special Flood Hazard Area (SFHA).
“Participating community” shall mean a community that voluntarily elects to participate in the National Flood Insurance Program (NFIP) by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.
“Pre-FIRM construction” shall mean construction or substantial improvement started on or before December 31, 1974, or before the effective date of the initial Flood Insurance Rate Map (FIRM) of the community, whichever is later.
“Post-FIRM construction” shall mean construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.
“Probation” shall mean formally notifying participating National Flood Insurance Program (NFIP) communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations. During periods of probation, each insurance policy is subject to a fifty ($50) dollar surcharge.
“Program deficiency” shall mean a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management standards or of the standards of 44 CFR 60.3, 60.4, 60.5 and/or 60.6.
“Public safety and nuisance” shall mean anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use in the customary manner of any navigable lake, river, bay, stream, canal or basin.
“Recreational vehicle” shall mean a vehicle that is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable to 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.
“Regular program” shall mean the phase of a community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a Flood Insurance Study (FIS).
“Regulatory floodway” shall mean 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 (1) foot. See Base Flood.
“Remedy a violation” shall mean the process by which a community brings a structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impact of non-compliance. Reduced impact may include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Chapter or otherwise deterring future similar violations, or reducing state or federal financing exposure with regard to the structure or other development.
“Repair” shall mean the reconstruction or renewal of any part of an existing structure.
“Repetitive loss” shall mean flood-related damages sustained by a structure on two (2) or more separate occasions during a 10-year period where the value of damages equals or exceeds an average of fifty percent (50%) of the current value of the structure, beginning on the date when the damage first occurred; or (4) four or more flood losses of one thousand dollars ($1000) or more over the life of the structure; or three (3) or more flood losses over the life of the structure that are equal to or greater than the current value of the structure.
“Riverine” shall mean relating to, formed by or resembling a river (including tributaries), stream, brook, etc.
“Section 1316” shall mean the section of the National Flood Insurance Act of 1968, as amended, which states that no new or renewal flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations or ordinances that are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
“Special Flood Hazard Area (SFHA)” shall mean a portion of the floodplain subject to inundation by the base flood and/or flood-related erosion hazards as shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zone A, AE, A1 – A30, AH, AO or AR.
“Start of construction (includes substantial improvement and other proposed new development)” shall mean the date a building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement is within one hundred and eight (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, 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, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory structures, 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 structure.
“Structure” shall mean a walled and roofed building that is principally above ground, including manufactured homes, gas or liquid storage tanks, or other man-made facilities or infrastructures.
“Subdivision” shall mean any division for the purposes of sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, of any tract or parcel of land into two (2) or more lots or parcels.
“Subrogation” shall mean an action brought by FEMA to recover insurance money paid out where all or part of the damage can be attributed to acts or omissions by a community or other third party.
“Substantial damage” shall mean any damage to a building for which the cost of repairs equals or exceeds fifty (50%) percent of the market value of the building prior to the damage occurring. This term includes structures that are categorized as repetitive loss. For the purposes of this definition, “repair” is considered to occur when the first repair or reconstruction of any wall, ceiling, floor or other structural part of the building commences. The term does not apply to:
a. Any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or,
b. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
“Substantial improvement” shall mean any combination of reconstruction, alteration or improvement to a building taking place during a five (5) year period in which the cumulative percentage of improvement equals or exceeds fifty (50%) percent of the current market value of the building. For the purposes of this definition, an improvement occurs 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 building. The term does not apply to:
a. Any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions;
b. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a “historic structure;” or,
c. Any building that has been damaged from any source or is categorized as repetitive loss.
“Substantially improved existing manufactured home parks or subdivisions” shall mean repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equaling or exceeding fifty (50%) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
“Suspension” shall mean removal of a participating community from the National Flood Insurance Program (NFIP) for failure to enact and/or enforce floodplain management regulations required for participation in the NFIP. New or renewal flood insurance policies are no longer available in suspended communities.
“Utilities” shall mean electrical, heating, ventilation, plumbing and air conditioning equipment.
“Variance” shall mean relief from some or all of the requirements of the provisions of this Chapter.
“Violation” shall mean failure of a structure or other development to fully comply with the provisions of this Chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.
“Watercourse” shall mean a lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows at least periodically.
“Water surface elevation” shall mean 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.
“Watershed” shall mean all the area within a geographic boundary from which water, sediments, dissolved materials and other transportable materials drain or are carried by water to a common outlet, such as a point on a larger stream, lake or underlying aquifer.
“X Zone” shall mean the area where the flood hazard is less than that in the Special Flood Hazard Area (SFHA). Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a two tenths (0.2%) percent probability of being equaled or exceeded (the 500-year flood) in any year. Unshaded X zones (C zones on older FIRMS) designate areas where the annual exceedance probability of flooding is less than two tenths (0.2%) percent.
"Zone” shall mean a geographical area shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area.