Borough of Girard, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 7-16-1984 by Ord. No. 543 (Ch. V, Part 4, of the 1974 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 320.
Stormwater management — See Ch. 360.
Subdivision and land development — See Ch. 370.
Water — See Ch. 414.
Zoning — See Ch. 425.

§ 205-1 Intent.

The intent of this chapter is to:
A. 
Promote the general health, welfare, and safety of the community;
B. 
Encourage the utilization of appropriate construction practices to minimize flood damage in the future;
C. 
Minimize danger to public health by protecting water supply and natural drainage;
D. 
Reduce financial burdens imposed on the community, its governmental units and its residents by preventing excessive development in areas subject to flooding.

§ 205-2 Applicability.

A. 
It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough unless an approved building permit has been obtained from the Building Official.
B. 
A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.

§ 205-3 Abrogation and greater restrictions.

This chapter supersedes any provisions currently in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.

§ 205-4 Municipal liability.

A. 
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes in the identified flood-prone area(s). Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified flood-prone area or that land uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 205-5 Building permit required.

Building permits shall be required before any proposed construction or development is undertaken within any identified flood-prone area of the Borough.

§ 205-6 Issuance of building permit.

A. 
The Building Official shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B. 
No building permit shall be issued until all other required permits have been obtained from any other office or agency.

§ 205-7 Application for permit.

A. 
Application for such a building permit shall be made in writing to the Building Official on forms supplied by the Borough. Such application shall contain at least the following:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location.
(5) 
Proposed lowest flood and basement elevations in relation to mean sea level.
(6) 
Brief description of proposed work and estimated cost.
(7) 
A plan of the site showing the exact size and location of the proposed construction, as well as any existing buildings or structures.
B. 
If any proposed construction or development is located within, or adjacent to, any identified flood-prone area, applicants for building permits shall also provide the following specific information:
(1) 
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:
(a) 
All such proposals are consistent with the need to minimize flood damage;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2) 
Such plan shall also include existing and proposed contours; information concerning one-hundred-year-flood elevations, and other applicable information, such as uplift forces, associated with the one-hundred-year flood; size of structures; location and elevations of streets; water supply and sanitary sewage facilities; soil types; and floodproofing measures.
(3) 
A document certified by a registered professional engineer or architect that the proposed construction has been adequately designed against flood damage and that the plans for the development of the site adhere to the restrictions cited in §§ 205-19 through 205-21 of this chapter.

§ 205-8 Additional permit requirements.

A. 
Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Protection, Dams and Encroachment Division, as specified in the Water Obstruction Act of 1913, as amended.[1] Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development. Under no circumstances shall any use, activity and/or developments adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
[1]:
Editor's Note: Said Act was repealed 10-23-1979 by P.L. 204, No. 70. See now the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.
B. 
Prior to the issuance of any building permit, the Building Official shall review the application for permit to determine if all other necessary governmental permits, such as those required by state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.

§ 205-9 Review by County Conservation District.

A copy of all applications and plans for any proposed construction or development in any identified flood-prone area to be considered for approval shall be submitted by the Building Official to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Building Official for possible incorporation into the proposed plan.

§ 205-10 Review of application by others.

A copy of all plans and applications for any proposed construction or development in any identified flood-prone area to be considered for approval may be submitted by the Building Official to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.

§ 205-11 Changes.

After the issuance of a building permit by the Building Official, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Building Official.

§ 205-12 Placards.

In addition to the building permits, the Building Official shall issue a placard, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Official.

§ 205-13 Start of construction.

Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire, unless a time extension is granted, in writing, by the Building Official. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footing or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes or electrical or other service lines from the street.

§ 205-14 Inspections; revocation of permit.

During the construction period, the Building Official or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. In the event that the Building Official discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Building Official shall revoke the building permit and report such fact to the Council for whatever action it considers necessary.

§ 205-15 Fees.

Applications for a building permit shall be accompanied by a fee, payable to the Borough, based upon the estimated cost of the proposed construction as determined by the Building Official at the following rates:
Estimated Cost Fee
$0 to $200 $0
$201 to $1,000 $5
Each additional $1,000, or part thereof, beyond the first $1,000 $1

§ 205-16 Enforcement; violations and penalties.

A. 
Notices. Whenever the Building Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulations adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow a reasonable time for the performance of any act it requires;
(4) 
Be served upon the property owner or his agent, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(5) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulations adopted pursuant thereto.
B. 
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Council, provided that such person shall file with the Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Borough Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
C. 
Findings and order. After such hearing, the Council shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice, which shall be served as provided in Subsection A of this section.
D. 
Record of hearing. The proceedings at such a hearing, including the findings and decision of the Council and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section.
E. 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Building Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than $25 nor more than $300, plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Council to be a public nuisance and abatable as such.

§ 205-17 Appeals.

A. 
Any person aggrieved by an action or decision of the Building Official, or by any of the requirements of this chapter, may appeal to the Council. Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Official. Upon receipt of such appeal, the Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard.
B. 
Any person aggrieved by any decision of the Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.

§ 205-18 Designation of flood-prone areas.

A. 
Identification. The "flood-prone area(s)" shall be any area(s) of the Borough of Girard which are identified as being flood-prone on the Flood Hazard Boundary Map, as issued by the Federal Insurance Administration, dated June 30, 1976.
B. 
Determination of the regulatory flood elevation. For purposes of this chapter, the regulatory flood elevation, i.e., the one-hundred-year-flood elevation, plus a freeboard safety factor of 1 1/2 feet, shall be used. To determine the one-hundred-year-flood elevation, the elevation at a given point on the boundary of the identified flood-prone area(s) which is nearest the construction site in question will be used. In helping to make this necessary elevation determination, other sources of data, where available, shall be used, such as:
(1) 
Corps of Engineers: floodplain information reports.
(2) 
United States Geological Survey: flood-prone quadrangles.
(3) 
United States Department of Agriculture, Natural Resources Conservation Service: county soil surveys (alluvial soils).
(4) 
Known high-water marks from past floods.
(5) 
Other sources. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.
C. 
Changes in designation of area(s). The delineation of any of the identified flood-prone area(s) may be revised by the Council where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, River Basin Commission or other qualified agency or individual documents the notification for such changes. However, prior to any such a change, approval must be obtained from the Federal Insurance Administration (FIA).
D. 
Boundary disputes. Should a dispute concerning any district boundary arise, an initial determination shall be made by the Borough Planning Commission; any party aggrieved by this decision may appeal to the Council. The burden of proof shall be on the appellant.

§ 205-19 Elevation requirements.

A. 
General.
(1) 
In the identified flood-prone area(s), the development and/or use of any land shall be permitted, provided that the development and/or use adheres to the restrictions and requirements of all other applicable codes and ordinances in force in the municipality.
(2) 
Within any identified flood-prone area(s), the elevation of the lowest flood (including basement) of any new or improved residential structures shall be at or above the regulatory flood elevation.
(3) 
Within any identified flood-prone area(s), the elevation of the lowest floor (including basement) of nonresidential structures shall be at or above the regulatory flood elevation or be floodproofed up to that height.
B. 
Any structure, or part thereof, which will not be completely or adequately elevated shall be floodproofed in accordance with the provisions of this chapter. Additional information may be obtained from the publication entitled "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972).

§ 205-20 Design and construction standards.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points.
(2) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(4) 
Be not steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Borough Building Official.
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwaters.
C. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes and storage tanks and other similar objects or components located at or below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.
D. 
Floors, walls and ceilings. Where located at or below the regulatory flood elevation:
(1) 
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(2) 
Plywood shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
E. 
Electrical systems and components.
(1) 
Electric water heaters, furnaces, air-conditioning and ventilating systems, and other electrical equipment or apparatus shall not be located below the regulatory flood elevation, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(2) 
Electrical distribution panels shall be at least three feet above the level of the one-hundred-year-flood elevation.
(3) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
F. 
Plumbing.
(1) 
Water heaters, furnaces, and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.
(2) 
No part of any on-site sewage disposal systems shall be located within any identified flood-prone area(s).
(3) 
Water supply systems and sanitary sewage systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters.
(4) 
All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
G. 
Paints and adhesives. When used at or below regulatory flood elevation:
(1) 
Paints or other finishes shall be of a marine or water-resistant quality.
(2) 
Adhesives shall be of a marine or water-resistant quality.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
H. 
Storage. No materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life shall be stored below the regulatory flood elevation.
I. 
Drainage facilities. Storm facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall insure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
J. 
Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
K. 
Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.
L. 
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
M. 
Utilities. All utilities, such as gaslines, electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the change or impairment during a flood.

§ 205-21 Special requirements for mobile homes.

A. 
All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards Institute and National Fire Protection Association Standards, as specified in the Standard of the Installation of Mobile Homes, Including Mobile Home Park Requirements [NFPA No. 501A-1974 (ANSI A119.3-1975)], as amended, for mobile homes in hurricane zones and other appropriate standards, such as the following:
(1) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length and one additional tie per side for units less than 50 feet in length.
(2) 
Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length and four additional ties per side for units less than 50 feet in length.
(3) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
B. 
All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:
(1) 
The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the regulatory flood elevation.
(2) 
Adequate surface drainage is provided.
(3) 
Adequate access for a hauler is provided.
(4) 
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
C. 
An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks and mobile home subdivisions where appropriate.

§ 205-22 Existing structures.

Structures existing in any identified flood-prone area prior to the enactment of this chapter but which are not in compliance with these provisions may continue to remain, subject to the following:
A. 
Any modification, alteration, reconstruction, or improvement of any kind to any existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
B. 
Any modification, alteration, reconstruction, or improvement of any kind to any existing structure, to any extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this chapter.

§ 205-23 Variances.

A. 
If compliance with the elevation or floodproofing requirements of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Borough may, upon request, grant relief from the strict application of the requirement.
B. 
Request for variances shall be considered by the Borough in accordance with the procedures contained in § 205-16 and the following procedures:
(1) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(2) 
In granting any variance, the Borough shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.
(3) 
Whenever a variance is granted, the Borough shall notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(4) 
In reviewing any request for a variance, the Borough shall consider, but not be limited to, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable local or state ordinances and regulations.
(5) 
A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

§ 205-24 Definitions.

A. 
General. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
B. 
Specific definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the subdivision of land, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD-PRONE AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation 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.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purposes of its routine maintenance and upkeep, but not including any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years, i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.
PERSON
Any person, persons, partnership, business, or corporation.
REGULATORY FLOOD ELEVATION
The one-hundred-year-flood elevation, plus a freeboard safety factor of 1 1/2 feet.
STRUCTURE
Anything constructed or erected on the ground, including but not limited to buildings, sheds, mobile homes, and other similar items.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land of more than 10 acres, not involving any new street or easement of access, shall be exempted.