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.
As used in this chapter, and solely for the
purposes of this chapter, the following terms shall have the meanings
indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance from
specific provisions thereof.
A designated AO, AH, or VO Zone on the Village's Flood Insurance
Rate Map (FIRM) and all updates of said map, with a one-percent or
greater annual chance of flooding to an average annual depth of one
foot 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.
The land in the floodplain within the Village subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1 - A30, A99, V, VO,
VE or V1-V30. 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.
A portion of a building partly underground, which has 1/2
or more than 1/2 its height, measured from the finished floor to the
finished ceiling, above the mean level of the finished grade around
the building. A basement will be deemed a story if the finished ceiling
is five feet or more above the mean level of the finished grade around
the building. A basement will be deemed habitable if it conforms to
all applicable provisions of the New York State Building Code.
Any structure built for support, shelter or enclosure for
occupancy or storage. See “structure.”
A portion of a building, partly underground, having 1/2 or
more than 1/2 its clear height, from finished floor to finished ceiling,
below the mean level of the finished grade around the building.
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 soil, gravel, concrete or other material, must be equal
to or above the lowest exterior grade. The enclosed crawl space area
shall be properly vented to allow for the equalization of hydrostatic
forces experienced during periods of flooding.
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 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, drilling operations or storage
of equipment or materials.
A nonbasement building (i) built, in the case of a building
in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor or, in the case of a building in Zone V1-30,
VE, or V, 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 (ii) 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 Zone A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "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 Zone V1-V30, VE, or V, "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 official map of the Village of Rye Brook published by
the Federal Emergency Management Agency as part of the Village’s
Flood Insurance Study which delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding flood surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of the Village of Rye Brook, issued by the
Federal Emergency Management Agency and including all updates thereof,
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 the Village of Rye Brook on which the
Federal Emergency Management Agency has delineated both the areas
of special flood hazard and the risk premium zones applicable to the
Village.
See “flood elevation study.”
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source. “Flood” or “flooding”
also means the collapse or subsidence of land along the shore of a
body of water, or waterway, resulting from erosion or undermining
of land caused by currents or waves 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 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 above.
Any land area susceptible to being inundated by water from
any source. See “flood or flooding.”
Any combination of structural and nonstructural additions,
changes or adjustments to buildings and/or structures which reduces
or eliminates flood damage to real estate or improved real property,
water and sanitary facilities, buildings and/or structures and their
contents.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building (including
a basement or cellar), i.e., the top of the slab in concrete slab
construction or the top of wood flooring in wood frame construction.
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, manufacture, 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 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:
The person designated by the Village to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions.
Lowest floor of the lowest enclosed area, including basement
or cellar. An unfinished or flood-resistant enclosure, usable solely
for 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 residential structure, transportable to a zoning lot in
one or more sections, which is situated on and attached to a permanent
foundation and is connected to the required utilities. The term does
not include a recreational vehicle or mobile home.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on the Village's Flood Insurance Rate Map are referenced.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this chapter, and includes any subsequent
improvements to such structure.
The same meaning as "base flood."
At least 51% of the actual cash value, excluding land value,
is above ground.
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 § 130-15B.
A zone or area, designated by the Federal Emergency Management
Agency and delineated on Flood Insurance Rate Maps within areas of
special flood hazard, which are defined by the type of analysis used
to determine the risk for flooding and are used to determine flood
insurance premiums.
The initiation, excluding planning and design, of the phase
of a project or physical alteration of the property, including land
preparation such as clearing, grading and filling; installation of
streets and/or walkways; excavation for a basement or cellar, footings,
piers or foundations; or the erection of temporary forms. It also
includes the placement and/or installation on the property of accessory
buildings (garages or sheds), storage trailers and building materials.
For manufactured or modular homes, the "actual start" means affixing
of the manufactured home to its permanent site.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its predamaged 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 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 that
have incurred substantial damage, regardless of the actual repair
work performed. For the purposes of this definition, cumulative substantial
improvement is considered to commence when the first alteration of
any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include:
Any project for improvement of a structure to
correct existing violations of state or local building, fire, health,
sanitary or safety code specifications which have been identified
by the local code enforcement official and are the minimum necessary
to assure safe living conditions.
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 Village of Rye Brook.
The Board of Trustees of the Village of Rye Brook.
Any person employed by the Village of Rye Brook as the Village
Engineer or Engineering Consultant.
The duly appointed persons constituting the Zoning Board
of Appeals for the Village of Rye Brook.
