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, the following terms shall have the
meanings indicated:
APPEAL
A request for a review of the Local Administrator's
Interpretation of any provision of this chapter or a request for a
variance.
AREA OF MODERATE WAVE ACTION
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,
and not riverine sources. Areas 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 wave
action is an area within a Zone AE that is bounded by a line labeled
"Limit of Moderate Wave Action."
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on the Village's Flood
Insurance Rate Map (FIRM) 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 a 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
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."
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
That 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 abnormally high tides or wave action without damage
to the structural integrity of the building on which it is used or
any building to which it might be carried by floodwaters.
CELLAR
The same meaning as "basement."
COASTAL HIGH-HAZARD AREA
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 V1-V30,
VE, VO or V. The coastal high hazard area shall also include areas
in a FIRM within a Zone AE that is bounded by a line labeled "Limit
of Moderate Wave Action."
CRAWL SPACE
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 equalization
of hydrostatic forces which would be experienced during periods of
flooding.
DEVELOPMENT
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.
ELEVATED BUILDING
A non-basement building built, in the case of a building
in Zones 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, or an area of moderate wave action, to have the bottom of
the lowest horizontal structure member of the elevated floor elevated
above 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 Zone
A1-A30, AE, A, A99, AO, AH, B, C, X or D, an 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, an elevated
building also includes a building otherwise meeting the definition
of "elevated building," even thought the lower area is enclosed by
means of breakaway walls that meet the federal standards.
EXISTING 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 pads) is complete before the effective date of the floodplain
management regulations adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of 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
pads.)
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the Village 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 ELEVATION STUDY
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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of the Village, 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.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the Village 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 OR FLOODING
A.
A general and temporary condition or partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any one source.
B.
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 currents 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
A(1) above.
FLOODPROOFING
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.
FLOODWAY
The same meaning as "regulatory floodway."
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 facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of the structure.
HISTORIC STRUCTURE
Any structure that is:
A.
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;
B.
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;
C.
Individually listed on a New York State inventory of historic
places in states with historic preservation programs which have been
approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in the Village with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR
The person appointed by the Village to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer,
Building Inspector or Village Engineer.
LOWEST FLOOR
The 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 area, is not considered a building's lowest floor;
provided, however, that such 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 does not include a recreational vehicle.
MEAN SEA LEVEL
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the Village and includes any subsequent improvements to
such structure.
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 pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
PRIMARY FRONTAL DUNE
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.
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding
land value, is above ground. The burden of proof to establish such
value is on the applicant by the presentation of documentary evidence
deemed sufficient by the local administrator.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis.
B.
Four hundred square feet or less when measured at the largest
horizontal projections.
C.
Designed to be self-propelled or permanently towable by a light-duty
truck.
D.
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REGULATORY 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 the designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
34-15B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
START OF CONSTRUCTION
The date of permit issuance for any phase of a project or
physical alteration of a property, or new construction and substantial
improvements to existing structures, excluding planning and design,
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 also includes 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 building
materials, and accessory buildings such as garages, sheds or storage
trailers 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.
STRUCTURE
For the purposes of this chapter a structure is defined as
a walled and roofed building, including a gas or liquid storage tank
that is principally above ground, as well as a manufactured home.
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 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
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.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
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
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
VARIANCE
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.