[Code 1971, § 11 1/2-10]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO or VO zone on a community's flood insurance
rate map (FIRM), 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.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. This area may
be designated as zone A, AE, AH, AO, A1-99, V, VO, VE, or V1-30. It
is also commonly referred to as the base floodplain or one-hundred-year
floodplain.
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.
Any structure built for support, shelter, or enclosure for
occupancy or storage.
Basement.
The area subject to high-velocity waters including but not
limited to hurricane wave wash. The area is designated on a FIRM as
zone V1-30, VE, VO, or V.
Any manmade change to improved or unimproved real estate
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation, or drilling operations located
within the area of a special flood hazard.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), or shear walls.
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.
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.
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.
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.
Is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as
the flood boundary floodway map and the water surface elevations of
the base flood.
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.
Has the same meaning as regulatory floodway.
The top surface of an enclosed area in a building, including
the basement, 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, ship-building, and ship repair. 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.
The lowest level including the basement or cellar of the
lowest enclosed area. 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 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.
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.
Manufactured home.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplains.
Structures for which the start of construction commenced
on or after March 24, 1987.
Base flood.
That at least 51% of the actual cash value of the structure,
excluding land value, is aboveground.
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.
The initiation, excluding planning and design, of any phase
of a project, physical alteration of the property, and shall include
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 also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers, and building materials. For manufactured
homes the actual start means affixing of the manufactured home to
its permanent site.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
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 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 either any project for improvement
of a structure to comply with existing state or local building, fire,
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places or a state inventory
of historic places.
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.
[Code 1971, § 11 1/2-20]
No structure shall hereafter be constructed, located, extended, converted, or altered, and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in section 1-9. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under this chapter will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
[Code 1971, § 11 1/2-1]
The common council of the city finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the city and that such damages may include destruction or loss
of private and public housing, damage to public facilities, both publicly
and privately owned, and injury to and loss of human life. In order
to minimize the threat of such damages and to achieve the purposes
and objectives set forth in this chapter, the common council does
ordain the provisions of this chapter.
[Code 1971, § 11 1/2-2]
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1)Â
Regulate uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
(2)Â
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)Â
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
(4)Â
Control filling, grading, dredging, and other development which may
increase erosion or flood damages;
(5)Â
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
(6)Â
Qualify and maintain for participation in the National Flood Insurance
Program.
[Code 1971, § 11 1/2-3]
The objectives of this chapter are:
(1)Â
To protect human life and health;
(2)Â
To minimize expenditure of public money for costly flood control
projects;
(3)Â
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)Â
To minimize prolonged business interruptions;
(5)Â
To minimize damage to public facilities and utilities such as water
and gas mains; electric, telephone, and sewer lines; and streets and
bridges located in areas of special flood hazard;
(6)Â
To help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
(7)Â
To provide that developers are notified that property is in an area
of special flood hazard; and
(8)Â
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Code 1971, § 11 1/2-16]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city.
[Code 1971, § 11 1/2-17]
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled the Flood Insurance Study for the City of Olean, of Cattaraugus
County, New York, dated May 1987, with accompanying flood insurance
rate maps and flood boundary-floodway maps, is hereby adopted and
declared to be a part of this chapter. The flood insurance study and
maps are on file at the Public Works Department, Olean Municipal Building,
Olean, New York.
[Code 1971, § 11 1/2-18]
(a)Â
This chapter is adopted in response to revisions to the National
Flood Insurance Program effective October 1, 1986, and shall supercede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
(b)Â
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
[Code 1971, § 11 1/2-21]
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the city, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
thereunder.
