§ 251. Definitions.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article.

(1)

Accessory structure. A structure which 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. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

(2)

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction, unless the addition, renovation or reconstruction to any building, that was constructed prior to the initial flood insurance study for that area, and the addition, renovation or reconstruction does not equal fifty (50) percent of the present market value of the structure. Where a fire wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.

(3)

Appeal. A request from a review of the administrator's interpretation of any provision, of this article.

(4)

Area of special flood hazard. The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS, dated June 2, 2015 for Edgecombe County and associated FIRM panels, including any digital data developed as part of the Flood Insurance Study, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of the Town of Tarboro are also adopted by reference and declared a part of this ordinance. Subsequent revisions to the FIRM should be adopted within twelve (12) months.

(5)

Artificial obstruction. Any obstruction, other than a natural obstruction, that is capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream. For the purposes of this article, an "artificial obstruction" does not include the following:

a.

An electric generation, distribution or transmission facility;

b.

A gas pipeline or gas transmission or distribution facility, including a compressor station or related facility;

c.

A water treatment or distribution facility, including a pump station;

d.

A wastewater collection or treatment facility, including a lift station; and

e.

Processing equipment used in connection with a mining operation.

(6)

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year (also known as the 100-year flood).

(7)

Basement. Any area of a building having its floor subgrade (below ground level) on all sides.

(8)

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 the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. A wall with loading resistance of more than twenty (20) pounds per square foot requires an architect's or professional engineer's certificate.

(9)

Building. See "Structure".

(9.5)

Chemical storage facility. Means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

(10)

Development. Any manmade 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.

(10.5)

Digital Flood Insurance Rate Map (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

(10.8)

Disposal. Means, as defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

(11)

Elevated building. A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

(12)

Existing construction. Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

(13)

Existing manufactured home park or manufactured home 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 before October 10, 1989.

(14)

Expansion to an existing manufactured home park or subdivision. The preparation of the additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).

(15)

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

b.

The unusual and rapid accumulation of runoff of surface waters from any source.

(16)

Flood, 100-year: Floods that have a one (1) percent (one (1) in one hundred (100)) chance of occurring in any given year. Also known as the "base flood," the 100-year floodplain is the area of land that would be inundated by the 100-year flood. This area is also known as the "area of special flood hazard" or regulatory base flood area.

(17)

Flood, 500-year: Floods that have a two-tenths (0.2) percent (one (1) in five hundred (500)) chance of being equaled or exceeded in any year are referred to as the 500-year flood. The 500-year floodplain is the area of land that would be inundated by the 500-year flood.

(18)

Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

(19)

Flood Insurance Rate Maps (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. (see also DFIRM ).

(20)

Flood insurance study. The engineering study performed by the Federal Emergency Management Agency to identify flood hazard areas, flood insurance risk zones, and other flood data in a community. The study includes Flood Boundary and Floodway Maps (FBFMs), Flood Hazard Boundary Maps (FHBMs), and/or Flood Insurance Rate Maps (FIRMs).

(21)

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 (1) foot. Floodways are located within areas of special flood hazard as defined herein. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and has erosion potential.

(22)

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of the slab in concrete slab construction or top of the wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

(23)

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.

(23.5)

Hazardous waste management facility. Means, as defined in G.S. § 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste.

(24)

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

(25)

Historic structure. Any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminary determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places;

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified: (1) by an approved state program as determined by the Secretary of Interior, or (2) directly by the Secretary of Interior in states without approved programs.

(26)

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 non-elevation design requirements of this article.

(27)

Manufactured home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

(28)

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

(29)

Mean sea level. For the purposes of this article, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a FIRM are referenced.

(30)

Natural obstruction. Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a nonhuman cause.

(31)

New construction. Structures for which the "start of construction" commenced on or after the effective date of this ordinance and includes any subsequent improvements to such structures.

(32)

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 slabs) is completed on or after October 10, 1989.

(33)

Nonconforming building or use. Any legally existing building or use which fails to comply with the provisions of this ordinance.

(34)

Recreational vehicle. A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

(35)

Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impact of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

(36)

Repetitive loss. Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.

(36.5)

Salvage yard. Means any nonresidential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to, vehicles, appliances and related machinery.

(36.8)

Solid waste disposal facility. Means any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).

(36.9)

Solid waste disposal site. Means, as defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

(37)

Start of construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state 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; 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 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 the building, whether or not that alteration affects the external dimensions of the building.

(38)

Stream. A watercourse that collects surface runoff from an area of one square mile or greater.

(39)

Structure. A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

(40)

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 fifty (50) percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.

(41)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "repetitive loss" or "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 official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(42)

Substantially improved existing manufactured home park or subdivision. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

(43)

Variance. A grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

(44)

Violation. The failure of a structure or other development to be fully compliant with the town's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 04-13, § 1, 12-6-04; Ord. No. 15-05, § 1, 5-11-15; Ord. No. 15-06, §§ 1, 2, 6-1-15)