Hence, as used in this chapter, the words used in or in relation
to this chapter, including in permit applications, orders, and applications
for emergency relief, shall have the following meanings:
ACTION
Any act or activity including:
(1)
Acquiring, managing and disposing of federal lands and facilities;
(2)
Providing federally undertaken, financed or assisted construction
and improvements; and
(3)
Conducting federal activities and programs affecting land use,
including, but not limited to, water and related land resources, planning,
regulating and licensing activities.
ACTIONS AFFECTING OR AFFECTED BY FLOODPLAINS OR WETLANDS
Actions which have the potential to result in the long- or
short-term impacts associated with:
(1)
The occupancy or modification of floodplains, and the direct
or indirect support of floodplain development; or
(2)
The destruction and modification of wetlands and the direct
or indirect support of new construction in wetlands.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGENCY ASSISTANCE
Grants for projects or planning activities, loans, and all
other forms of financial or technical assistance provided by the agency.
APPEAL
A request for a review of the local administrator's
interpretation of any provision of this chapter, whether under Town
Law § 267-a or Article 78 of the Civil Practice Law and
Rules.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent or greater annual chance
of flooding to an average annual depth of one 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.
AREA OF SPECIAL FLOOD HAZARD
Is the land in the floodplain within a community 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 V1-30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain."
ASSOCIATE DIRECTOR
The head of any office or administration of the agency who
has programmatic responsibility for a particular action.
BASE FLOOD
The flood which has a one-percent chance of being equaled
or exceeded in any given year (also known as a one-hundred-year flood).
This term is used in the National Flood Insurance Program (NFIP) to
indicate the minimum level of flooding to be used by a community in
its floodplain management regulations.
BASE FLOODPLAIN
The one-hundred-year floodplain (one-percent chance floodplain).
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides. It can include crawl spaces.
CELLAR
Has the same meaning as "basement."
COASTAL HIGH HAZARD AREA
The areas subject to high velocity waters, including, but
not limited to, hurricane wave wash or tsunamis. On a Flood Insurance
Rate Map (FIRM), this appears as Zone V1-30, VE or V.
CRITICAL ACTION
An action for which even a slight chance of flooding is too
great. The minimum floodplain of concern for critical actions is the
five-hundred-year floodplain, i.e., critical action floodplain. Critical
actions include, but are not limited to, those which create or extend
the useful life of structures or facilities, such as:
(1)
Those which produce, use or store highly volatile, flammable,
explosive, toxic or water-reactive materials;
(2)
Hospitals and nursing homes, and housing for the elderly, which
are likely to contain occupants who may not be sufficiently mobile
to avoid the loss of life or injury during flood and storm events;
(3)
Emergency operation centers, or data storage centers which contain
records or services that may become lost or inoperative during flood
and storm events; and
(4)
Generating plants, and other principal points of utility lines.
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.
DIRECT IMPACTS
Changes in floodplain or wetland values and functions and
changes in the risk to lives and property caused or induced by an
action or related activity. Impacts are caused whenever these natural
values and functions are affected as a direct result of an action.
An action which would result in the discharge of polluted stormwaters
into a floodplain or wetland, for example, would directly affect their
natural values and functions. Construction-related activities, such
as dredging and filling operations within the floodplain or a wetland,
would be another example of impacts caused by an action.
ELEVATED BUILDING
A nonbasement 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 Zones 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 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 Zones 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 Zones 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.
EMERGENCY ACTIONS
Emergency work essential to save lives and protect property
and public health and safety performed under §§ 305
and 306 of the Disaster Relief Act of 1974 (42 U.S.C. §§ 5145
and 5146). See 44 CFR Part 205, Subpart E.
ENHANCE
To increase or to heighten, or to improve the natural and
beneficial values associated with wetlands.
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 Town.
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).
FACILITY
Any man-made or man-placed item other than a structure.
FEMA
The Federal Emergency Management Agency.
FIA
The Federal Insurance Administration or the Federal Insurance
Administrator.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An Official Map of the community published by FEMA 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 mudslide (i.e.,
mudflow) or flood-related erosion hazards.
FLOOD FRINGE
That portion of the floodplain outside of the floodway (often
referred to as "floodway fringe").
FLOOD HAZARD BOUNDARY MAP (FHBM)
An Official Map of a community, issued by the agency or director,
where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided or where
the boundaries of the flood, mudslide (i.e., mudflow) and related
erosion areas having special hazards have been designated as Zone
A, M, or E.
FLOOD INSURANCE RATE MAP (FIRM)
An Official Map of a community, on which the agency or the
director has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
FLOOD or FLOODING
(1)
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a)
The overflow of inland or tidal waters; or
(b)
The unusual and rapid accumulation or runoff of surface waters
from any source.
(2)
"Flood" or "flooding" also means 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, land recession, or by some similarly unusual
and unforeseeable event which results in flooding as defined above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from
any source (see definition of "flooding"), including the lowland and
relatively flat areas adjoining inland and coastal waters, including,
at a minimum, that area subject to a one-percent or greater chance
of flooding in any given year. Wherever the term "floodplain" is used,
if a critical action is involved, "floodplain" shall mean the area
subject to inundation from a flood having a 0.2% chance of occurring
in any given year (five-hundred-year floodplain). "Floodplain" does
not include areas subject only to mudflow until FIA adopts maps identifying
"M" Zones.
FLOODPROOFING
The modification of individual structures and facilities,
their sites, and their contents to protect against structural failure,
to keep water out, or to reduce effects of water entry, including
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
Has 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 bridges,
piers, 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 (or piers or similar constructs)
of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
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;
(3)
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
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
INDIRECT IMPACTS
An indirect result of an action whenever the action induces
or makes possible related activities which effect the natural values
and functions of floodplains or wetlands or the risk to lives and
property. Such impacts occur whenever these values and functions are
potentially affected, either in the short- or long-term, as a result
of undertaking an action.
LOCAL ADMINISTRATOR
Is the person (or persons) appointed by the Town to administer
and implement this chapter, including through the granting or denying
of development permits in accordance with these provisions. In the
Town this person is the Code Enforcement Officer, or such other person(s)
as hereafter so appointed by resolution of the Town Board.
LOWEST FLOOR
Lowest floor of the lowest enclosed area, including a basement.
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 that
such enclosure is not built so as to render the structure in violation
of the applicable non-elevation 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 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
MINIMIZE
To reduce to the smallest amount or degree possible.
MITIGATION
All steps necessary to minimize the potentially adverse effects
of the proposed action, to restore and preserve the natural and beneficial
floodplain values, and to preserve and enhance natural values of wetlands.
MOBILE HOME
Has the same meaning as "manufactured home."
NATURAL VALUES OF FLOODPLAINS AND WETLANDS
The qualities of or functions served by floodplains and wetlands
which include, but are not limited to:
(1)
Water resource values (natural moderation of floods, water quality
maintenance, groundwater recharge);
(2)
Living resource values (fish, wildlife, plant resources and
habitats);
(3)
Cultural resource values (open space, natural beauty, scientific
study, outdoor education, archeological and historic sites, recreation);
and
(4)
Cultivated resource values (agriculture, aquaculture, forestry).
NEW CONSTRUCTION
Structures for which the "start of construction" is commenced
on or after the effective date of this chapter or any predecessor
local floodplain regulation, including any subsequent improvements
to such structure. Also means the construction of a new structure
(including the placement of a mobile home) or facility, or the replacement
of a structure or facility which has been totally destroyed.
NEW CONSTRUCTION IN WETLANDS
Includes draining, dredging, channelizing, filling, diking,
impounding, and related activities and any structures or facilities
begun or authorized after the effective dates of the Executive Orders
of May 24, 1977 (see the definition of "orders," below).
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.
ORDERS
Executive Orders 11988, Floodplain Management, and 11990,
Protection of Wetlands.
PRACTICABLE
Capable of being done within existing constraints. The test
of what is practicable depends upon the situation and includes consideration
of all pertinent factors, such as environment, cost and technology.
PRESERVE
To prevent alterations to natural conditions and to maintain
the values and functions which operate the floodplains or wetlands
in their natural states.
PRINCIPALLY ABOVEGROUND
That at least 51% of the actual cash value of the structure,
excluding land value, is aboveground.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the largest
horizontal projections;
(3)
Designed to be self-propelled or permanently towable by a light
duty truck; and
(4)
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
REGIONAL DIRECTOR
The regional director of the agency for the region in which
FEMA is acting or the disaster recovery manager, when one is designated.
REGULATORY FLOODWAY
The area regulated by federal, state or local requirements
to provide for the discharge of the base flood so the cumulative increase
in water surface elevation is no more than a designated amount (not
to exceed one foot as set by the NFIP), being that portion of the
floodplain which is effective in carrying flow, within which this
carrying capacity must be preserved and where the flood hazard is
generally highest, i.e., where water depths and velocities are the
greatest. It is that area which provides for the discharge of the
base flood so the cumulative increase in water surface elevation is
no more than one foot. "Regulatory floodway" also means 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 FEMA in a Flood Insurance Study or by other agencies
as provided in this chapter.
RESTORE
To reestablish a setting or environment in which the natural
functions of the floodplain can again operate.
SLPS
The state and local programs and support directorate.
START OF CONSTRUCTION
Includes substantial improvement and means 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, grubbing, and filling; installation of streets
or walkways; excavation for a basement, footings, piers, or foundations
or the erection of temporary forms. It also includes the placement
or installation on the property of accessory buildings (garages, sheds),
storage trailers, and building materials. For manufactured homes,
the "actual start" means commencing the process of affixing of the
manufactured home to its permanent site.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, 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
A "substantial improvement" includes the following considerations:
(1)
Any repair, reconstruction or other improvement of a structure
or facility which has been damaged in excess of, or the cost of which
equals or exceeds, 50% of the market value of the structure or replacement
cost of the facility, regardless of the actual repair work performed,
including all "public facilities" as defined in the Disaster Relief
Act of 1974, before the repair or improvement is started, or if the
structure or facility has been damaged and is proposed to be restored,
before the damage occurred; or
(2)
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 ensure safe living conditions;
or
(b)
Any alteration of a structure or facility listed on the National
Register of Historic Places or a state inventory of historic places.
(3)
If a facility is an essential link in a larger system, the percentage
of damage will be based on the relative cost of repairing the damaged
facility to the replacement cost of the portion of the system which
is operationally dependent on the facility.
SUPPORT
To encourage, allow, serve or otherwise facilitate floodplain
or wetland development. Direct support results from actions within
a floodplain or wetland, and indirect support results from actions
outside of floodplains or wetlands.
TOWN
The Town of Lansing, Tompkins County, New York.
VARIANCE
A grant of relief from or a waiver of the requirements of
this chapter which permits construction or use in a manner that would
otherwise be prohibited by this chapter.
WETLANDS
Those areas which are inundated or saturated by surface water
or groundwater with a frequency sufficient to support, or that under
normal hydrologic conditions does or would support, a prevalence of
vegetation or aquatic life typically adapted for life in saturated
or seasonally saturated soil conditions. Examples of wetlands include,
but are not limited to, swamps, fresh and salt water marshes, estuaries,
bogs, beaches, wet meadows, sloughs, potholes, mud flats, river overflows
and other similar areas. This definition includes those wetlands areas
separated from their natural supply of water as a result of activities
such as the construction of structural flood protection methods or
solid-fill road beds and activities such as mineral extraction and
navigation improvements. This definition is intended to be consistent
with the definition utilized by the U.S. Fish and Wildlife Service
in the publication entitled Classification of Wetlands and Deepwater
Habitats of the United States (Cowardin et al., 1977).