N.J. Admin. Code § 19:4-9.3
Unless specifically defined in N.J.A.C. 19:4-2 or below, words or phrases used in this subchapter shall be interpreted, so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"AH Zone" means an area subject to inundation by one percent annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
"AO Zone" means an area subject to inundation by one percent annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
"Area of shallow flooding" means a designated AO or AH zone on the Digital Flood Insurance Rate Map (DFIRM) 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" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, which is shown on the FIRM as zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Base flood elevation (BFE)" means 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-A30, 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.
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"Breakaway wall" means 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.
"Best available flood hazard data" means the most recent available flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on, but is not limited to, Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
"Best available flood hazard data elevation" means the most recent available flood elevation FEMA has provided. The best available flood hazard data elevation may be depicted on an Advisory Flood Hazard Area Map, Work Maps, or Preliminary FIS and FIRM.
"Community" means any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized native organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.
"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, building 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)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Elevated building" means a non-basement building that is:
1. In the case of a building in an area of special flood hazard, built to have the top of the lowest floor, or in the case of a building in a coastal high hazard area, built to have the bottom of the lowest horizontal structural member of the elevated floor, elevated at or 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
2. 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.
3. 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 flood waters.
"Existing manufactured home park or subdivision" means 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 the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing mobile home park or mobile home subdivision" means 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 utilities, either final site grading or pouring of concrete or the construction of streets).
"FIA" means the Federal Insurance Administration.
"Flood insurance study" or "FIS" means the official report provided in which the FIA has provided flood profiles, as well as the FIRM's and the water surface elevation of the base flood.
"Floodplain Management Regulations" means the zoning and subdivision regulations, building codes, and other applicable rules and regulations. The term describes State rules that provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.
"Floodway" means 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" means the 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 select size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the states without approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable 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 non-elevation design requirements of 44 CFR 60.3.
"Manufactured home" means 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 recreational vehicles.
"Manufactured home park or manufactured home subdivision" means a parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
"New construction" means 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" means 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 a community.
"Recreational vehicle" means a vehicle that is:
1. Built on a single chassis;
2. 400 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.
"Start of construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act ( P.L. 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 pilings, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearings, grading, and filling, nor does it include the installation of streets and/or sidewalks; 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 a building whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure, such that the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that 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 that have been identified by the local code enforcement officer and that 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.
"Variance" means a grant of relief from the requirements of this subchapter, that permits construction in a manner that would otherwise be prohibited by this subchapter.
"Violation" means the failure of a structure or other development to be fully compliant with this subchapter. A new or substantially improved structure or other development without the elevation certificate, 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.
N.J. Admin. Code § 19:4-9.3