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Town of Martinsburg, NY
Lewis County
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Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning 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 interpretation of any provision of this chapter or a request for a variance.
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 equalled or exceeded in any given year.
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 located within the area of special flood hazard.
FLOOD HAZARD BOUNDARY MAP (FHBM)
The Official Map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A.
FLOOD INSURANCE RATE MAP (FIRM)
The Official Map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
LOWEST FLOOR
Lowest level including basement, cellar, crawlspace, or garage of lowest enclosed area.
MOBILE HOME
A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
STRUCTURE
A walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
A. 
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1) 
Before the improvement or repair is started, or
(2) 
If the structure has been damaged and is being restored, before the damage occurred.
B. 
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 either:
(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, or
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.