A.Â
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.Â
ACCESSORY STRUCTURE
APPEAL
AREA OF MODERATE WAVE ACTION
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL A ZONE AREA
COASTAL HIGH-HAZARD AREA
CRAWL SPACE
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)Â
(2)Â
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FLOOR
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
REGULATORY FLOODWAY
REMEDY A VIOLATION
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
VARIANCE
VIOLATION
V ZONES
WATER SURFACE ELEVATION
As used in this chapter, the following terms shall have the meanings
indicated:
A structure used solely for parking (two-car detached garage
or smaller) or limited storage, that represents a minimal investment
of not more than 10% of the value of the primary structure, and may
not be used for human habitation.
[Added 11-14-2023 by L.L. No. 34-2023]
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
The portion of the SFHA landward of a V Zone or landward
of an open coast without mapped V Zones, in which the principal sources
of flooding are astronomical tides, storm surges, seiches, or tsunamis,
not riverine sources. Area of moderate wave action may be subject
to wave effects, velocity flows, erosion, scour, or combinations of
these forces and are treated as V Zones. The area of moderate waive
action is an area within a Zone AE that is bounded by a line labeled
"limit of moderate wave action."
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone AE or VE. It is also commonly referred
to as the "base floodplain" or "one-hundred-year floodplain." For
purposes of this chapter, the term "special flood hazard area" (SFHA)
is synonymous in meaning with the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
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.
See "structure."
The same meaning as "basement."
An area within a special food hazard area, landward of a
V1-V30 or V Zone, or landward of an open coast without mapped coastal
high hazard areas. In a Coastal A Zone, the principal source of flood
must be astronomical tides, storm surges, seiches or tsunamis, not
riverine flooding. During the base flood conditions, the potential
for breaking wave height shall be greater than or equal to 1.5 feet
(457 mm). The inland limit of Coastal A Zone is: a) the limit of moderate
wave action if delineated on a FIRM, or b) designated by the authority
having jurisdiction.
[Added 11-14-2023 by L.L. No. 34-2023]
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. The area is designated on a FIRM as Zone VE.
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
The percentage of any reconstruction, rehabilitation, addition,
or other improvement of a structure that equals or exceeds 50% of
the market value of the structure at the time of the improvement or
repair when counted cumulatively for 10 years.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A nonbasement building built, in the case of a building in
AE Zones, to have the top of the elevated floor, or in the case of
a building in VE Zones to have the bottom of the lowest horizontal
structure member of the elevated floor, elevated above the ground
level by means of pilings, columns (posts and piers), or shear walls
parallel to the flow of the water; and 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 the case of AE Zones,
"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. In the case of
VE Zones, "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 that meet the federal standards.
The federal agency that administers the National Flood Insurance
Program.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
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 designated as Zone A but no flood elevations are
provided.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
Any land area susceptible to being inundated by water from
any source. (See "flooding.")
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.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building, including
basement, i.e., the top of the slab in concrete slab construction
or the top of wood flooring in wood frame construction.
A term used in floodplain regulations that gives an extra
margin of flood protection elevation above the established base flood
elevation for any given location in the floodplain.
A use which cannot perform 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, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in 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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A line depicted on a Flood Insurance Rate Map (FIRM) that
shows the potential landward limit of storm-related wave action and/or
tidal surges 1.5 feet in height.
[Amended 11-14-2023 by L.L. No. 34-2023]
The person appointed by the Town to administer and implement this Chapter 169 by granting or denying development permits in accordance with its provisions. The local administrator in the Town of Southampton shall be the Chief Building Inspector.
The lowest floor of the lowest enclosed area (including basement
or cellar). 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 as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
A structure, transportable in one 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 does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
The same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
The same meaning as "base flood."
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 during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a lightduty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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 a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in § 169-12.
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 impacts 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 this chapter or otherwise deterring future similar violations
or reducing federal financial exposure with regard to the structure
or other development.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The actual start of construction means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading
or filling) or the installation of streets or walkways, or excavation
for a basement, footings, piers, or foundations, or the erection of
temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the
main building. 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition 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 ten-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25% of the market value of the structure
before the damage occurred.
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.
"Substantial improvement" also means "cumulative substantial improvement."
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 11-14-2023 by L.L. No. 34-2023]
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure’s continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A 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), (d)(3), (e)(2), (e)(4) or (e)(5),
as amended, is presumed to be in violation until such time as that
documentation is provided.
See "coastal high-hazard area."
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD88),
or other datum, (where specified), of floods of various magnitudes
and frequencies in the floodplains of coastal or riverine areas.
