2006 New York Code - Definitions For Special Flood Hazard Areas.

 
    §  27-317.1  Definitions for special flood hazard areas. The following
  definitions shall supplement the definitions that appear in article  two
  of subchapter two of this chapter and shall apply only to the provisions
  of  article  ten of subchapter four of this chapter and to the reference
  standards contained therein:
    AREA OF SPECIAL FLOOD HAZARD. The land in the flood  plain  delineated
  in  reference  standard  RS  4-4  as subject to a one percent or greater
  chance of flooding in any given year. Such area  is  designated  on  the
  Flood  Insurance  Rate  Map  (FIRM)  as  Zone A, AE, AH, A1-99, V, VE or
  V1-30. Such area is also known as the base flood plain  or  one  hundred
  year flood plain.
    BASEFLOOD.  The flood having a one percent chance of being equalled or
  exceed in any given year.
    BASEFLOOD ELEVATION. The  level  (in  feet)  indicated  on  the  Flood
  Insurance Rate Map (FIRM).
    BREAKAWAY  WALL.  A wall that is not part of the structural support of
  the building to which it is attached and is intended through its  design
  and construction to collapse under specific later loading forces without
  causing damage to the elevated portion of the building or the supporting
  foundation system.
    DEVELOPMENT.  Any  man-made  change  to  improved  or  unimproved real
  estate, including but not limited  to  buildings  or  other  structures,
  mining,  dredging,  filling,  grading,  paving,  excavation  or drilling
  operations, located within the area of special flood hazard.
    ELEVATED BUILDING. A non-basement building (i) constructed, in an area
  designated as Zone A in reference standard RS 4-4, to have  the  top  of
  the  elevated  floor,  or  in  an area designated as Zone V in reference
  standard RS 4-4, to have the bottom of the lowest horizontal  structural
  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 water, and (ii) adequately anchored so that the structural  integrity
  of  such  building is not impaired during a flood of up to the magnitude
  of the base flood. In an area designated as Zone A in reference standard
  RS 4-4, such term also includes a building elevated by means of fill  or
  solid  foundation perimeter walls with openings sufficient to permit the
  unimpeded movement of flood waters. In an area designated as Zone  V  in
  reference  standard RS 4-4, such term also includes a building otherwise
  meeting the definition of "elevated building" in which the lower area is
  enclosed  by  means  of  breakaway  walls  meeting  the   standards   of
  subdivision (h) of section 27-317 of this code.
    FLOOD  OR  FLOODING.  A  general and temporary condition of partial or
  complete inundation of normally dry land areas resulting from:
    (1) the overflow of inland or tidal waters; or
    (2) the unusual and rapid accumulation or  runoff  of  surface  waters
  from any source.
    FLOOD  BOUNDARY AND FLOODWAY MAP (FBFM). An official map issued by the
  Federal Emergency Management Agency on  which  the  regulatory  floodway
  along water courses is delineated.
    FLOOD  HAZARD  BOUNDARY  MAP  (FHBM).  An  official  map issued by the
  Federal Emergency Management Agency on  which  areas  of  special  flood
  hazard are delineated.
    FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal
  Emergency  Management  Agency  has delineated the areas of special flood
  hazards. Such map includes the flood boundary and floodway map  and  the
  flood hazard boundary map, as defined in this section.
    FLOOD  PLAIN.  Any  land  area susceptible to being inundated by water
  from any source (see "flood or flooding").


    FLOODPROOFING.  Any  combination  of  structural  and   non-structural
  additions,  changes  or adjustments to structures to reduce or eliminate
  flood damage to real estate, improved real property, water and  sanitary
  utilities, or structures and their contents.
    FLOODWAY  OR  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 one foot.
    HIGHEST ADJACENT GRADE. The highest natural elevation  of  the  ground
  surface,  prior  to  construction,  next  to  the  proposed  walls  of a
  structure.
    LOWEST FLOOR. The lowest level including cellar  or  basement  of  the
  lowest  enclosed area. For the purpose of this article, an unfinished or
  flood resistant enclosure, usable solely for the  parking  of  vehicles,
  building  access  or  storage  in  an area other than a basement, is not
  considered a structure's lowest  floor,  provided  that  such  enclosure
  shall  not  be  built  so as to render the structure in violation of the
  requirements of subdivision (g) of section 27-317 of this code.
    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 required utilities.
    MIXED USE BUILDING. Any building occupied in part for residential use,
  with one or more nonresidential uses located on a story below the lowest
  story occupied entirely by such residential use.
    NATIONAL  GEODETIC VERTICAL DATUM (NGVD). A vertical control used as a
  reference  for  establishing  elevations  within  the  flood  plain,  as
  provided in section 27-158 of this code.
    NEW  CONSTRUCTION.  Buildings  for  which  the "start of construction"
  commenced on or after November sixteenth, nineteen hundred eighty-three.
    SAND DUNES. Naturally occurring accumulations of  sand  in  ridges  or
  mounds landward of a beach.
    START  OF  CONSTRUCTION.  The  date  on which the building permits was
  issued, provided,  however,  that  the  actual  start  of  construction,
  repair,  reconstruction,  placement or substantial improvement is within
  one hundred eighty days of such date. "Actual start"  means  either  the
  first  placement of permanent construction of a building on a site, such
  as pile driving, the pouring of slabs or footings, or  any  work  beyond
  the  stage  of excavation; or, for a building without a cellar, basement
  or poured footings, the first permanent  framing  or  assembly  of  such
  building  or  any  part thereof on its piling or foundations. "Permanent
  construction" does not  include  land  preparation,  such  as  clearing,
  grading  and  filling;  nor  does  it  include  excavation for a cellar,
  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 building.
    SUBSTANTIAL IMPROVEMENT. Any repair,  reconstruction,  alteration,  or
  improvement  of  a  building,  the cost of which equals or exceeds fifty
  percent of its market value either:
    (1) before the alteration, improvement or repair is started, or
    (2) if the building has been damaged and is being restored before such
  damage occurred.
    For the purposes of  this  definition,  "substantial  improvement"  is
  considered  to  occur  when  the  first alteration of any wall, ceiling,
  floor or other structural parts of the building  commences,  whether  or
  not that alteration affects the external dimensions of the building. The
  term "substantial improvement" does not, however, include either:


    (1)  any project for improvement of a building to comply with state or
  local health, sanitary or safety code specifications  which  are  solely
  necessary to assure safe conditions, or
    (2)  any alteration of a building designated as worthy of preservation
  because of historic or architectural importance, or a building within an
  area so designated by the landmarks preservation commission,  or  listed
  on  the  national  register  of  historic  places  or state inventory of
  historic places.
    ZONE A. A symbol used on the flood insurance rate map to designate  an
  area  of  special  flood hazard without velocity (wave action). When not
  shown on the flood insurance rate map, the water surface  elevation  may
  be  determined  from  available  data  by  the  registered  architect or
  licensed professional engineer of record.
    ZONE V. A symbol used on the flood insurance rate map to designate  an
  area of special flood hazard with velocity (wave action). When not shown
  on  the  flood  insurance  rate  map, the water surface elevation may be
  determined from available data by the registered architect  or  licensed
  professional engineer of record.