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City of Hoboken, NJ
Hudson 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.
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent annual chance event depicted on the Advisory Flood Hazard Map.
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
APPEAL
A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH or VO Zone on a community's Flood Insurance Rate Map, with a one-percent or greater 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
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.
COASTAL A
The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped, the Coastal A Zone is the portion between the shore and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces.
COASTAL HIGH-HAZARD AREAS
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources; also known as V Zones.
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, or storage of equipment or materials located within an area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
ELEVATED BUILDING
A. 
A nonbasement building;
(1) 
Built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and
(2) 
Adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.
B. 
In an area of special flood hazard, "elevated building" also includes a building elevated by means of solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high-hazard, "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.
EROSION
The process of the gradual wearing away of land masses.
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 (FIS)
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river of 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.
FREEBOARD
An open area, measured in feet, as set forth in § 104-16F, between the bottom of the lowest horizontal member and the base flood elevation (or ABFE). Freeboard is a margin of safety added to account for sea level rise, waves, debris, miscalculations, lack of data, or other environmental changes.
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 ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
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:
A. 
Listed individually on 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;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
The inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the V Zone and the LiMWA will be similar to, but less severe than, those in the V Zone.
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.
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 attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community, and includes any subsequent improvements to such structures.
START OF CONSTRUCTION
A. 
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements 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 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, or the placement of a manufactured home on a foundation.
B. 
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 or 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 a 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.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's 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 which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
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.
ZONES
A. 
Flood zones are geographic areas that FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood insurance Rate Map (FIRM) and Advisory Maps. These zones are defined as follows:
A — Areas subject to inundation by the one-percent annual chance flood event. Because detailed analyses are not performed for such areas, no depths of base flood elevations are shown within these zones.
AEThe base floodplain where base flood elevations are provided.
D — Areas with possible but undetermined flood hazards, usually outside of the boundary of the two-hundredths-percent annual chance flood area.
V — Coastal high-hazard areas subject to inundation by the one-percent annual chance flood event with additional hazards associated with high-velocity wave action.
VECoastal high-hazard areas where base flood elevations are provided.
X — Area of moderate flood hazard, usually the area between the limits of the one-hundred-year (1%) and five-hundred-year (0.02%) flood.
B. 
Where used in this chapter "A" shall include AE, "V" shall include VE, and vice versa.