Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 27. CONSTRUCTION AND MAINTENANCE |
Chapter 1. BUILDING CODE |
Subchapter 4. BUILDING LIMITATIONS |
Article 10. GENERAL LIMITATIONS ON OCCUPANCY AND CONSTRUCTION WITHIN SPECIAL FLOOD HAZARD AREAS |
Section 27-317.1. Definitions for special flood hazard areas
Latest version.
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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.