For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common accessory structures. Pole barns, hay sheds, and the like qualify as ACCESSORY STRUCTURES on farms or in agricultural districts and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING. A designated Zone AO on the Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
BASEMENT. Any area of a building having its floor subgrade on all sides.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). A determination as published in the flood insurance study of the water surface elevations of the base flood. This elevation, when combined with the FREEBOARD, establishes the regulatory flood protection elevation.
BUILDING. See STRUCTURE.
CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
DEVELOPMENT. Any human-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.
DISPOSAL. As defined in G.S. § 130A-290(a)(6), means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of it may enter the environment, be emitted into the air, or discharged into any waters, including groundwater.
ELEVATED BUILDING. A non-basement building which has its reference level raised above ground level by foundation walls, shear walls, posts, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME 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) was completed before the effective date of the floodplain management regulations adopted by the town.
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 an source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map issued by the Federal Emergency Management Agency on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map.
FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). An official map issued by the Federal Emergency Management Agency on which both the special flood hazard area and the risk premium zones applicable to the town are delineated.
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data issued by the Federal Emergency Management Agency. The flood insurance study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, FLOODPLAIN MANAGEMENT regulations, and open space plans.
FLOODPLAIN REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water, and sanitation facilities, or structures with their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order for discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
FREEBOARD. The height added to the base flood elevation (BFE) to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The FREEBOARD plus the base flood elevation establishes the regulatory flood protection elevation.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY. A facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in G.S. Ch. 130A, Art. 9.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminary determined by the Secretary of 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 local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program;” or
(4) (a) Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program.”
(b) CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAMS are approved by the U.S. Department of the Interior in cooperation with the state’s Department of Cultural Resources through the state’s Historic Preservation Officer as having met the requirements of the National Historic Preservations Act of 1966, as amended in 1980, being 54 U.S.C. §§ 300101 et seq.
LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building. For Zones A and AO, use the natural grade prior to construction.
LOWEST FLOOR. The subfloor, top of slab, or grade of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such an 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 on one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreation vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE. The building value, excluding the land value and that of any accessory structures or other improvements on the lot, established by independent certified appraisal, replacement cost depreciated by age of building and quality of construction (actual cash value), or adjusted tax assessed values.
MEAN SEA LEVEL. For purpose of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of the original version of this chapter and includes any subsequent improvements to such structures.
NONCONFORMING BUILDING OR DEVELOPMENT. Any legally existing building or development which fails to comply with the current provisions of this chapter.
NON-ENCROACHMENT AREA. 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 as designated in the flood insurance study report.
POST-FIRM. Construction or other development which started on or after the effective date of the initial Flood Insurance Rate Map for the area.
PRE-FIRM. Construction or other development which started before the effective date of the initial Flood Insurance Rate Map for the area.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
PUBLIC SAFETY and/or NUISANCE. Anything which is injurious to the 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, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV). A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Not designed for use as a permanent primary dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.
REFERENCE LEVEL. The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within special flood hazard areas designated as Zones A1, A30, AE, A, A99, or AO, the REFERENCE LEVEL is the top of the lowest attendant utility including ductwork, whichever is lower.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation, in relation to mean sea level, which the reference level of all structures and other development located within special flood areas must be protected. Where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. Where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced 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 federal financial exposure with regard to the structure or other development.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SALVAGE YARD. Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including, but not limited to, vehicles, appliances, and related machinery.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).
SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), means any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any year as determined in § 152.07.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued provided 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 permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, 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 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 the building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground. For floodplain management purposes, principally above ground means that at least 51% of the actual cash value of the STRUCTURE is above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damage condition would exceed 50% of the market value of the structure before the damage occurred. (See definition of SUBSTANTIAL IMPROVEMENT.) SUBSTANTIAL DAMAGE also means flood related damage sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a 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 correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which have been identified by the community code enforcement official 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 a continued designation as a historic structure.
VARIANCE. A grant of relief from the requirements of this chapter.
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 §§ 152.13, 152.14, 152.25 through 152.28, 152.40, and 152.41 presumed to be in VIOLATION until such time as that documentation is provided.
WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which water flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level (existing grade in case of Zone AO), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(2003 Code, § Ch. 10, Art. 2)