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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application:
APPEAL
A request for a review of the Planning Board's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD or FLOOD HAZARD AREA
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year (referred to as a one-hundred-year flood). For flood insurance purposes, the FIRM shall control.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-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 located within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building which is built, in the case of a building in the area of special flood hazard, to have the elevated floor or shear walls parallel to the flow of the water and which is 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. In an area of special flood hazard, "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.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
The official map on which the Federal Insurance Administration has delineated both the areas of floodway and the one-hundred-year and five-hundred-year flood boundaries.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas or the increase in water elevation of wet or seasonally wet areas from the overflow of inland water and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FRINGE AREA
That portion of the flood hazard area not designated as the floodway.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance Administration (FIA) has provided flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
FLOODWAY
The channel of a river, stream 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 0.2 foot.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement 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 a slab or footings, the installation of piles, the construction of columns 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, piers or foundations or the erection of temporary forms; nor does it include buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STRUCTURE
A walled and roofed building, or a gas or liquid storage tank, that is principally above ground.
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 either before the improvement or repair is started or, 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 either 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 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 from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.