[Amended 12-21-1987 by L.L. No. 7-1987]
A.Â
For the purposes of this chapter, the definitions of the terms used herein and the usage of words shall be the same as in the Uniform Code, and in Chapter 138, Zoning, insofar as the same pertain. In case of conflict between Chapter 138 and the Uniform Code, the provisions of the Uniform Code shall take precedence. In addition, the following terms shall be applicable to the provisions, enforcement and administration of Articles XV, Excavation, Grading and Filling, and XVI, Flood Damage Protection, only, but shall not supersede any definition stated elsewhere in this Code.
[Amended 8-22-1994 by L.L. No. 3-1994]
B.Â
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
BUILDING PERMIT
CELLAR
CERTIFICATE OF OCCUPANCY or CERTIFICATE OF COMPLIANCE
COASTAL HIGH-HAZARD AREA
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
COMPLIANCE ORDER
DEVELOPMENT
ELEVATED BUILDING
ENERGY CODE
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HABITABLE FLOOR
HIGHEST ADJACENT GRADE
INSPECTOR
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MOBILE HOME
MUDSLIDE
MUDSLIDE AREA
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERMIT HOLDER
PERSON
PRINCIPALLY ABOVE GROUND
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STOP-WORK ORDER
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
TEMPORARY CERTIFICATE
UNIFORM CODE
VARIANCE
As used in this chapter, the following words shall
have the meanings indicated:
A request for a review of the Building Inspector's interpretation
of any provision of Article XVI of this chapter or a request for a
variance from the requirements of said Article XVI.
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM) of the Village of Sea Cliff with base flood depths from one
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.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
Any structure built for support, shelter or enclosure for
occupancy or storage.
A permit issued pursuant to Article VI of this chapter. The term "building permit" also shall include a building permit which is renewed, amended or extended pursuant to any provision in this chapter or regulations adopted by the Building Department.
[Added 10-16-2019 by L.L.
No. 4-2019]
The same meaning as "basement."
A certificate issued pursuant to Article VII of this chapter.
[Added 10-16-2019 by L.L.
No. 4-2019]
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone V1 - V30, VE or V.
The Superintendent of Buildings, and any other Code Enforcement
Officer appointed by the Village, by whatever other title known or
designated.
[Added 10-16-2019 by L.L.
No. 4-2019]
The Code Enforcement Officer and all inspectors and any other
person lawfully authorized to enforce the Uniform Code or Energy Code.
[Added 10-16-2019 by L.L.
No. 4-2019]
An order issued by a Code Enforcement Officer pursuant to
this chapter.
[Added 10-16-2019 by L.L.
No. 4-2019]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, dredging,
filling, grading, paving, excavation or drilling operations located
within the area of special flood hazard.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, piling, columns (posts and piers) or shear walls.
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
[Added 10-16-2019 by L.L.
No. 4-2019]
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.
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.
The official map 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.
The official report provided by and which contains the Federal
Emergency Management Agency flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
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.
The top surface of an enclosed area in a building, including
basement, i.e., the top of the slab in concrete slab construction
or the top of wood flooring in wood frame construction.
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.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
An inspector, by whatever title known or designated, appointed
pursuant to this chapter or pursuant to any other applicable law,
rule or regulation.
[Added 10-16-2019 by L.L.
No. 4-2019]
The lowest level, including basement or cellar, of the lowest
enclosed area. 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 building's lowest
floor, provided that such an enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter.
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 and
intended to be improved property.
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.
The same meaning as "manufactured home."
A general and temporary movement, down a slope of a mass
of rock or soil, artificial fill or a combination of these materials,
caused or precipitated by the accumulation of water on or under the
ground.
An area characterized by unstable slopes and land surfaces,
whose history, geology, soil and bedrock structure and climate indicate
a potential for mudslides.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after January 30, 1978, the effective date of Local Law No.
1-1978, incorporated as Article XVI herein.
The same meaning as "base flood."
The person to whom the building permit has been issued.
[Added 10-16-2019 by L.L.
No. 4-2019]
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
[Added 10-16-2019 by L.L.
No. 4-2019]
A structure which has at least 51% of the actual cash value
of the structure, excluding land value, above ground.
The same meaning as "floodway."
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The initiation, excluding planning and design, of any phase
of a project involving the physical alteration of the property, including
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It shall also
include the placement and/or installation on the property of accessory
buildings (garages or sheds), storage trailers and building materials.
For manufactured homes, the "actual start" means affixing the manufactured
home to its permanent site.
An order issued pursuant to this chapter.
[Added 10-16-2019 by L.L.
No. 4-2019]
Anything erected upon, over or under a lot for any purpose.
The word "structure" includes the words "building" and "dwelling.")
[Amended 10-16-2019 by L.L. No. 4-2019]
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 occur 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:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions.
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
A certificate issued pursuant to this chapter.
[Added 10-16-2019 by L.L.
No. 4-2019]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Added 8-22-1994 by L.L. No. 3-1994; amended 10-16-2019 by L.L. No. 4-2019]
A grant of relief from the requirements of Article XVI of
this chapter which permits construction or use in a manner that would
otherwise be prohibited by said Article XVI.
[Amended 8-22-1994 by L.L. No. 3-1994]
A.Â
The construction, alteration, repair and removal of
every building or structure and the installation, alteration, repair
or removal of the equipment in every building, structure or premises
shall hereafter conform to the provisions of the Uniform Code and
this chapter, as from time to time amended, applicable to the particular
type of construction, installation or use.
B.Â
The applicability of the New York State Building Construction
Code to the Village of Sea Cliff was accepted by the Board of Trustees
by a resolution adopted December 20, 1965, effective as of January
1, 1966. Certified copies of said resolution have been duly filed
as provided for in § 374-a of the Executive Law of the State
of New York.
C.Â
Said Uniform Code are hereby incorporated as fully
as if set out at length, and the provisions thereof shall be controlling
in the construction of all buildings and other structures contained
within the corporate limits of the Village of Sea Cliff in addition
to any provisions now in force or hereafter provided in the Code of
the Village of Sea Cliff or any other laws, ordinances, rules or regulations
of said Village.
