A. 
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.
B. 
As used in this chapter, the following words shall have the meanings indicated:
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Area 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 Area Map.
ADVISORY FLOOD HAZARD AREA MAP
The official map on which the Federal Emergency Management Agency has delineated the areas of advisory flood hazard applicable to the community.
AGENCY
The Federal Emergency Management Agency, Washington, D.C.
APPEAL
A request for a review of the Certified Floodplain Manager's interpretation of any provision of this chapter or a request for a variance.
APPURTENANT STRUCTURE/ACCESSORY STRUCTURE
A structure that 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.
AREA OF MODERATE FLOOD HAZARD
The land in the City that is subject to a 0.2% or lesser chance of flooding in any given year. It is shown on the Flood Insurance Rate Map as a Zone X.
[Added 3-26-2020 by Ord. No. 2020-05]
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map, with a one-percent annual 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. It is shown on the FIRM as Zone V, VE, V1-V30, A, AO, A1-A30, AE, A99, or AH.
ASSESSED VALUE
Pertains to the structure in question, not the land, landscaping or detached accessory structures on the property. The assessed value of a structure reflects its original quality, subsequent improvements, physical age of the building components and current condition.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30, the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For areas of moderate flood hazard, base flood elevations shall be determined in accordance with § 126-14B.
[Amended 3-26-2020 by Ord. No. 2020-05]
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The effective Flood Insurance Risk Maps or most recent Advisory Flood Hazard Area Maps FEMA has provided.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
Depicted on the effective FIRM or FIS, or an Advisory Flood Hazard Area Map or Advisory FIS.
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.
BUILDING
See "structure."
BUILDING HEIGHT, ACCESSORY STRUCTURE
The building height for accessory structures shall be measured from Elevation 9.8 (NAVD88) for accessory buildings south of Atlantic Avenue and Elevation 8.8 (NAVD88) for accessory buildings north of Atlantic Avenue, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure.
BUILDING HEIGHT, PRINCIPAL BUILDING
For any new construction, substantial improvement, and substantial addition to any building located in an area of special flood hazard as set forth in § 126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus two feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. If the principal building first floor is at least two feet over the base flood elevation, the maximum building height shall be measured from the first-floor elevation, but no more than four feet greater than the base flood elevation, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof or gable for a pitched or hip roof structure. For any new construction, substantial improvement, and substantial addition to any building located in an area designated as AE8 Zone as set forth in § 126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus three feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. If an existing principal building's first floor is below the base flood elevation, plus two feet of freeboard, and the building is not being raised or the building is not located in an area of special flood hazard as set forth in § 126-7 of this Code, the maximum building height shall be the vertical distance measured from Elevation 11.8 (NAVD88) for all principal structures located south of Atlantic Avenue and Elevation 10.8 (NAVD88) for all principal structures located north of Atlantic Avenue to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. (See § 102-118.2, Exceptions, in this Code.)
CERTIFICATION
A certification by a registered professional engineer or other party does not constitute a warranty or guaranty of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analysis is a statement that the analysis has been performed correctly and in accordance with sound engineering practices to provide protection from the base flood. Certification of as-built conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully functioning.
COASTAL HIGH-HAZARD AREA
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.
COMMUNITY RATING SYSTEM
The National Flood Insurance Program (NFIP) Community Rating System (CRS), which is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.
CRITICAL FACILITY
A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
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 the 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.
EFFECTIVE MAPS
Reference and define Map 3453260001B, effective September 15, 1983.
ELEVATED BUILDING
(1) 
A nonbasement building:
(a) 
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 base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and
(b) 
Adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.
(2) 
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.
(3) 
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.
ENCLOSURE
A nonhabitable, unfinished or flood-resistant space below the base flood elevation (BFE) usable solely for the parking of vehicles, storage and building access to the first floor. Such space shall not be partitioned into multiple rooms or used for human habitation. The storage permitted in an enclosure shall be limited to that which is incidental and accessory to the principal use of the structure. Storage should be limited to such items as lawn and garden equipment, beach chairs and bicycles, which either have a low damage potential or can be easily moved to the elevated portion of the building if there is a flood.
EROSION
The process of gradual wearing away of land masses.
EXISTING CONSTRUCTION
For the purposes of determining insurance rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for serving 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) is completed before the effective date of the floodplain management regulations adopted by a community.
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 in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) 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:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, requirements for zoning, subdivision or building, and special-purpose floodplain management regulations.
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.
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
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 0.2 foot.
FREEBOARD
A factor of safety, usually expressed in feet above a flood level, for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHER REGULATORY STANDARD
Any floodplain management regulations adopted by the state or local community which are more restrictive than the criteria set forth in the NFIP regulations.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
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;
(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 the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
INCREASED COST OF COMPLIANCE (ICC)
The coverage by a standard flood insurance policy under the NFIP that provides for the payment of a claim for the cost to comply with the City of Ventnor City floodplain management laws or ordinances after a direct physical loss by flood; the City of Ventnor City declares the structure to be "substantially" or "repetitively" flood damaged. ICC coverage is provided for in every standard NFIP flood policy and will help pay for the cost to floodproof, relocate, elevate, or demolish the structure.
LATERAL ADDITION
Improvements that increase the square footage of a structure. Commonly, this includes the structural attachment of a bedroom, den, recreational room, enclosed porch, or other type of addition to an existing structure. If the addition is a "substantial improvement," then the existing home and addition need to be elevated. If the addition is being constructed in conjunction with improvements to the existing structure and the sum of the renovations is equal to a "substantial improvement," then the addition and existing home need to be elevated. If the common wall is demolished as part of the project, then the entire structure must be elevated pursuant to Article V of this chapter. If only a doorway is knocked through and only minimal finishing is done, then only the addition has to be elevated pursuant to Article V of this chapter.
[Amended 12-27-2018 by Ord. No. 2018-43]
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 of 44 CFR 60.3.
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.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MAP
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency.
MARKET VALUE
Pertains to the structure in question, not the land, landscaping or detached accessory structures on the property. The market value of a structure reflects its original quality, subsequent improvements, physical age of the building components and current condition.
MATERIALS
Substances inclusive of household, commercial, institutional, or industrial equipment and supplies and hazardous materials defined pursuant to § 137-3 that, in times of flooding, could become buoyant or be transported and pose obstructions to flows of water or drainage. This definition shall not be inclusive of municipal solid waste, vegetative waste, or recyclable materials stored in approved trash containers or activities otherwise described in Chapter 132 of the Code of the City of Ventnor City or materials attached to a structure defined pursuant to § 126-5.
MEAN SEA LEVEL
For the purpose of the report Flood Insurance Study (FIS City of Ventnor City, Atlantic County, New Jersey, dated March 15, 1983) and Flood Insurance Rate Map (FIRM for the City of Ventnor City, Atlantic County, New Jersey, Panel 0001B, dated September 15, 1983), the National Geodetic Vertical Datum (NGVD) of 1929, to which base flood elevations shown are referenced in regard to the average height of the sea for all stages of the tide. For the purpose of the Advisory Flood Hazard Maps, the North America Vertical Datum (NAVD) 1988 is the reference to which base flood elevations shown are referenced in regard to the average height of the sea for all stages of the tide.
MODERATE FLOOD HAZARD AREA
Lands of moderate flood hazard that are located between the limits of the 100-year and 500-year floods. These areas are marked on effective or preliminary flood maps as B or shaded X zones.
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.
NEW MANUFACTURED HOME PARK OR 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) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
OUTDOOR STORAGE
The holding of product or materials for any length of time when not in use outside of a structure defined pursuant by § 126-5. This definition shall not be inclusive of the storage of municipal solid waste, vegetative waste, or recyclable materials stored in approved trash containers or activities otherwise described in Chapter 132 of the ordinances of the City of Ventnor City.
PARTICIPATING COMMUNITY
Also known as an "eligible community," means a community in which FEMA has authorized the sale of flood insurance.
PRELIMINARY FLOOD INSURANCE RATE MAP (FIRM)
The draft version of the FIRM released for public comment before finalization and adoption.
PRELIMINARY REGULATORY MAP
The official map that will supersede the Advisory Flood Hazard Map and shall be the basis of delineation of the areas of flood hazard applicable to the City of Ventnor City.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the longest 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.
REPETITIVE LOSS
(1) 
Four or more paid flood losses of more than $1,000 each; or
(2) 
Two paid flood loses within a ten-year period that, in the aggregate, equal or exceed the current value of the insured property; or
(3) 
Three or more paid losses that, in the aggregate, equal or exceed the current value of the insured property.
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SEVERE REPETITIVE LOSS
(1) 
Any residential property that is covered under an NFIP flood insurance policy and:
(a) 
That has at least four NFIP claim payments (building payments and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or
(b) 
For which at least two separate payments (building payments only) have been made, with the cumulative amount of the building portion of such claims exceeding the fair market value of the building.
(2) 
For both Subsection (1)(a) and (b) of this definition, above, at least two of the referenced claims have occurred within any ten-year period, and they must be greater than 10 days apart.
START OF CONSTRUCTION
(1) 
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348)[1]; 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 pilings, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
(2) 
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 aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two separate occasions during a year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 50% of the market value of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, during a year period, 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:
(1) 
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 ensure safe living conditions; or
(2) 
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 that permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION
The failure of a structure or other development to be fully compliant with this chapter. A new or substantially improved structure or other development without the elevation certification, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.