For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
APPEAL. A request for a review of an interpretation by the town’s Board of Trustees or its designated agency of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
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.
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed before the original effective date of this chapter.
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads or the construction of streets).
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; or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated a Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map.
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.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a HABITABLE FLOOR.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide.
MOBILE HOME. A structure, transportable in one or more sections, which is built on permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the original effective date of this chapter.
START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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, plots 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure on any part thereof of its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, START OF CONSTRUCTION means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, START OF CONSTRUCTION is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.
STRUCTURE. A walled and roofed building that is principally above ground, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure the cost of which equals or exceeds 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.
(2) 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 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 a State Inventory of Historic Places.
VARIANCE. A grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by the chapter.
(Prior Code, § 12-204)