As used in this chapter, the following words shall
have the meanings indicated:
APPEAL
A request for a review of the Building Inspector's interpretation
of any provision of Article XI of this chapter or a request for a
variance from the requirements of said Article XI.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM) of the Village of Roslyn Harbor with base flood depths from
one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate and
where velocity flow may be evident.
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.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
The portion of a building having its floor subgrade (below
ground level) on all sides.
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.
BUILDING
Any structure built for support, shelter or enclosure for
occupancy or storage.
CELLAR
The same meaning as "basement."
COASTAL HIGH-HAZARD AREA
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone VI - V30, VE or V.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, dredging,
filling, grading, paving, excavation or drilling operations located
within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, piling, columns (posts and piers) or shear walls.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
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 but no water surface elevation is provided.
FLOOD INSURANCE RATE MAP (FIRM)
The official map 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.
FLOOD INSURANCE STUDY
The official report provided by and which contains the Federal
Emergency Management Agency flood profiles, as well as the Flood Boundary
and Floodway Map 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 the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
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
a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study.
FLOOR
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.
FUNCTIONALLY DEPENDENT USE
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. The term does not include
long-term storage, manufacture, sales or service facilities.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
LOWEST FLOOR
The lowest level, including basement or cellar, of the lowest
enclosed area. 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 an enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter.
MANUFACTURED HOME
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 also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
MUDSLIDE
A general and temporary movement down a slope of a mass of
rock or soil, artificial fill or a combination of these materials,
caused or precipitated by the accumulation of water on or under the
ground.
MUDSLIDE AREA
An area characterized by unstable slopes and land surfaces,
whose history, geology, soil and bedrock structure and climate indicate
a potential for mudslides.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of Local Law No. 2-1983, adopted December
6, 1983, incorporated as Article XI herein.
PRINCIPALLY ABOVE GROUND
A structure which has at least 51% of the actual cash value
of the structure, excluding land value, above ground.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase
of a project involving the physical alteration of the property, including
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It shall also
include the placement and/or installation on the property of accessory
buildings (garages or sheds), storage trailers and building materials.
For manufactured homes, the "actual start" means affixing the manufactured
home to its permanent site.
STRUCTURE
A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground. For purposes of Articles
X and XI of this chapter, the term "structure" is defined less broadly than in Chapter
275, Zoning.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur 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:
(1)
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions.
(2)
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code
promulgated pursuant to § 377 of Article 18 of the Executive
Law of the State of New York.
VARIANCE
A grant of relief from the requirements of Article XI of
this chapter which permits construction or use in a manner that would
otherwise be prohibited by said Article XI.