For purposes of this chapter, the following terms shall have the following meanings.
ALLUVIAL FAN FLOODING. Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport and deposition; and unpredictable flow paths.
APEX. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING. A designated AO, AH or VO zone on a community’s flood insurance rate map (FIRM) with a 1% chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION. The elevation shown on a FEMA flood insurance rate map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BLUE HAZARD AVALANCHE AREA. An area impacted by a snow producing a total static and dynamic pressure less than 600 pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of 25 years.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA’s comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.
CRITICAL FACILITY. A structure or related infrastructure, but not the land on which it is situated, as specified in § 12-21-11(I) of this chapter, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
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 human-made change in improved and 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.
ELEVATED BUILDING.
(1) A nonbasement building:
(a) Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and
(b) 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.
(2) In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D,
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 floodwaters.
(3) In the case of Zones V1-30, VE or V,
ELEVATED BUILDING also includes a building otherwise meeting the definition of ELEVATED BUILDING, even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of § 60.3(e)(5) of the National Flood Insurance Program Regulations.
EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM. 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 or tidal waters; and
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD ZONE. The land in the floodplain subject to a 1% or greater chance of flooding in any given year. The area is designated as Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V, on the flood insurance rate map (FIRM).
FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency has delineated both the special flood hazard areas (SFHA) and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary-floodway map.
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 extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN or FLOOD PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of FLOOD or FLOODING).
FLOODPROOFING. 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.
FLOODWAY (REGULATORY 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 a designated height.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.
GEOLOGICALLY SENSITIVE AREA. An area within the Town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) 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;
(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 which have been approved by the Secretary of Interior; or
(4) Classified as historically significant per Title 10, Chapter 2, “Special Historic And Architectural Structures”, of this code.
LETTER OF MAP REVISION (LOMR). FEMA’s official revision of an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or special flood hazard area (SFHA).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). FEMA’s modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.
LEVEE. A human-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. 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 nonelevation design requirement of § 60.3 of the National Flood Insurance Program Regulations.
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.
(1) For the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures.
(2) For floodplain management purposes,
NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after December 4, 2007, and includes any subsequent improvements to such structures.
ONE HUNDRED YEAR FLOODPLAIN (100-YEAR FLOODPLAIN). See the definition of FLOOD HAZARD ZONE.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RED HAZARD AVALANCHE AREA. Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of 600 pounds per square foot on a flat surface normal to the flow and/or a return interval of less than 25 years.
SPECIAL FLOOD HAZARD AREA. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, i.e., the 100-year floodplain.
START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under the Coastal Barrier Resources Act (16 U.S.C. §§ 3501 et seq.)). 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 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; the installation of streets or walkways; excavation for basement, footings, piers or foundations or the erection of temporary forms; or 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 a building, whether or not that alteration affects the external dimensions of the building.
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 repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined 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 purposes 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 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.
TWO-YEAR FLOOD LINE (TYFL). The average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution.
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 § 60.3(b)(5), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) 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 coastal or riverine areas.
WILDFIRE HAZARD AREA. An area at elevated risk to public safety from wildland fire. WILDFIRE HAZARD AREAS contain or are surrounded by vegetation, live or dead, which has the potential to burn and cause public safety hazards. The entirety of the Town of Vail lies within a WILDFIRE HAZARD AREA.
ZONE OF INFLUENCE. Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the town.
(Ord. 19(2013) § 1; Ord. 19(2019) § 7; Ord. 6(2022) § 2; Ord. 9(2022) § 2)