For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD. A flood that has a 1% chance of being equaled or exceeded in any given year. Also referred to as the 100-YEAR FLOOD.
BASE FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to the datum specified on the flood insurance study and flood insurance rate map.
BASEMENT. Any area of a building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operation, or storage of equipment or materials, and the subdivision of land.
ELEVATION CERTIFICATE. A FEMA approved form which documents the elevation of a structure.
FLOOD. A general and temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS). A report by the Federal Emergency Management Agency that examines, evaluates, and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudflow and/or flood-related erosion hazards.
FLOOD PROOFING. 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, as provided in the State Uniform Statewide Building Code, being 13 VAC 5-63.
FLOODPLAIN.
(1) A relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation; and/or
(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN ADMINISTRATOR (FA). The Town Manager, or in the Town Manager’s absence another person appointed by Town Council to perform the Town Manager’s duties, or any deputy or assistant appointed by the Town Manager to administer this chapter.
FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source.
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 at any point within the town.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 or a 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 that have been approved by the Secretary of the Interior; or
(4) Individually listed in § 157.177 of this code.
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 is not considered a building’s LOWEST FLOOR provided 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. 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 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.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. For floodplain management purposes, structures for which the start of construction commenced on or after November 1, 1994, and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE. A vehicle that is: built on a single chassis; no more than 400 square feet when measured at the largest horizontal projection; 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.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 151.06.
START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, 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 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. For a substantial improvement, the actual START OF THE 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, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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 equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that 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 state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided the alteration will not preclude the structure’s continued designation as a historic structure as determined by the town’s Architectural Review Board as defined in § 157.175 of this code.
VIOLATION. The failure of a structure or other development to be fully compliant with the town’s floodplain management regulations. 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 to the Floodplain Administrator.
(1998 Code, § 26-35) (Ord. passed 5-13-1997; Ord. O-2016-01, passed 2-2-2016)