As used in this chapter, the following terms shall
have the meanings indicated:
APPEAL
A request for a review of the Building Inspector's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one foot 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.
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. 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.
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.
BUILDING
Any structure built for support, shelter or enclosure for
occupancy or storage.
CELLAR
The same meaning as "basement."
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.
ELEVATED BUILDING
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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale 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,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
Local Law No. 5-1985.
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 watercourses
studied in detail in the Flood Insurance Study.
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 defined but no water surface elevation is 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 INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
- Floodway Map, as elevations of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters; or
(2)
The unusual and rapid accumulation or runoff
of surface waters from any source.
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. The term does not include
long-term storage, manufacture, sales or service facilities.
LOWEST FLOOR
Lowest level, including basement, cellar, crawl space or
garage of the lowest enclosed area.
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 also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer.
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
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 a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
157-12B of this chapter.
START OF CONSTRUCTION
Includes substantial improvement and means the first placement
of permanent construction of the structure (other than a manufactured
home) on a site, such as the pouring of slabs or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For manufactured homes, "start
of construction" is the date on which the construction of facilities
for servicing the site on which the manufactured home is to be affixed
(including, at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads, and installation of
utilities) is commenced but in any event, no later than the placement
of a manufactured home on a foundation.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
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:
(1)
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
(2)
Any alteration of a structure or contributing
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 or use in a manner that would otherwise be prohibited
by this chapter.