ACCESSORY STRUCTUREA structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10% of the value of the primary structure, and may not be used for human habitation.
AGENTA person who shall have charge, care or control of any land, structure, work and/or use on behalf of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if that person was the owner.
APPEALA request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
APPLICANTShall bear the same meaning as "applicant" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
AREA OF SHALLOW FLOODINGA designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% 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 HAZARDThe 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-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-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."
AUTHORITY HAVING JURISDICTION (AHJ)Shall bear the same meaning as "authority having jurisdiction" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
BASE FLOODThe flood having a 1% chance of being equaled exceeded in any given year. This term is also known as the 100-year flood. The base flood is used by the NFIP as the basis for mapping, insurance rating, and regulating new construction.
BASE FLOOD ELEVATION (BFE)The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.
BASEMENTThat portion of a building having its floor subgrade (below ground level) on all sides.
CELLARShall bear the same meaning as "Basement" that is defined in this chapter.
CODE ENFORCEMENT OFFICERShall bear the same meaning as "code enforcement officer" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
COMMUNITYShall bear the same meaning as "Town" that is defined in this chapter.
COMMUNITY'S FIRMSThe FIRM panel numbers listed in this chapter as a basis for establishing the areas of special flood hazard in the Town.
CRAWL SPACEAn 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 the equalization of hydrostatic forces which would be experienced during periods of flooding.
DESIGN FLOOD ELEVATION (DFE)The elevation of the highest flood (generally the BFE including freeboard) that a retrofitting method is designed to protect against. The design flood elevation is determined by the applicable provisions of the Uniform Code.
DEVELOPMENTAny 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 BUILDINGA non-basement building i) 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 ii) 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.
FEMA ELEVATION CERTIFICATEAn administrative tool used by the NFIP to provide elevation information necessary to ensure compliance with community floodplain management ordinances; to inform mitigation actions that will lower flood risk; and/or support a request for a LOMA to remove a building from a high-risk flood area. This certificate lists a building's location, lowest point of elevation, flood zone, and other characteristics.
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 water courses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDYAn 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 a community, 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 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.
FLOOD or FLOODINGA 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
The unusual and rapid accumulation or runoff of surface waters from any source.
"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, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A of this definition. |
FLOODPROOFINGAny combination of structural and non-structural 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.
FLOODWAYShall bear the same meaning as "Regulatory Floodway" that is defined in this chapter.
FREEBOARDAn additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet above the base flood elevation) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.
FUNCTIONALLY DEPENDENT USEA 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 GRADEThe highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTUREAny 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; or
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; or
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 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.
LAND SURVEYORShall bear the same meaning as "land surveyor" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
LOCAL ADMINISTRATORThe person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
LOWEST FLOORThe 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, 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 HOMEA 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 LEVELFor 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 a community's Flood Insurance Rate Map are referenced.
MOBILE HOMEShall bear the same meaning as "Manufactured Home" that is defined in this chapter.
NEW CONSTRUCTIONStructures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
OWNERShall bear the same meaning as "owner" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
PRINCIPALLY ABOVE GROUNDThat at least 51% of the actual cash value of the structure, excluding land value, is above ground.
PROFESSIONAL ENGINEERShall bear the same meaning as "professional engineer" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
RECREATIONAL VEHICLEA vehicle which is:
A. Built on a single chassis; and
400 square feet or less when measured at the largest horizontal projections; and
Designed to be self-propelled or permanently towable by a light duty truck; and
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGISTERED ARCHITECTShall bear the same meaning as "registered architect" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
REGISTERED DESIGN PROFESSIONALShall bear the same meaning as "registered design professional" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
REGULATORY FLOODWAYThe 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 as provided in this chapter.
START OF CONSTRUCTIONThe date of permit issuance for new construction and substantial improvements to existing structures, provided that 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.
The following explanations are applicable to this definition:
A. "Permanent construction" does not include 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 accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building.
The actual "start of construction" for a substantial improvement 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.
STOP-WORK ORDERAn order issued by the local administrator pursuant to this chapter.
STRUCTUREA walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGEDamage 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 IMPROVEMENTAny 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 code enforcement officer and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "Historic Structure," provided that the alteration will not preclude the structure's continued designation as a "Historic Structure."
THIRD-PARTY INSPECTORAn approved agency, registered design professional, special expert, and/or special inspector approved by the local administrator.
TOWNThe Town of Milo, New York.
UNIFORM CODEThe NYS Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VARIANCEA 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.
VILLAGEThe Village of Penn Yan, New York.
VIOLATIONThe failure of a structure or other development to be fully compliant with this chapter.
ZONING BOARD OF APPEALSShall bear the same meaning as "zoning board of appeals" that is defined in the Zoning Law, as currently in effect and as hereafter amended from time to time.
ZONING LAWThe Zoning Law, as currently in effect and as hereafter amended from time to time.