Borough of Wilson, PA Definitions

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

IDENTIFIED FLOODPLAIN AREA

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either;

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

This term is an umbrella term that includes all of the areas which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See Article III, Identification of Flood-Prone. Areas, for the specifics on what areas the community has included in the identified floodplain area.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

MANUFACTURED 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 include park trailers, travel trailers or other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

NEW CONSTRUCTION

Structures for which the start of construction commenced on July 16, 2014, and includes any subsequent improvements to such structures. Any construction started after December 10, 1979, and before July 16, 2014, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision 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, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projections, 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 one-percent chance of occurring each year, although the flood may occur in any year).

PERMIT HOLDER

The owner of the premises;

The applicant for a permit; and/or

The person to whom the permit is issued.

PERSON

As used in this chapter, shall be construed to mean and include any natural person or persons, association, partnership, firm, public or private association or corporation, or other entity.

POST-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

PRE-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

RECREATIONAL VEHICLE

A vehicle which is:

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Built on a single chassis:

Not more than 400 square feet, measured at the largest horizontal projections;

REGULATORY FLOOD ELEVATION

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

The one-hundred-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.

REPETITVE LOSS

Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, 99, or AH.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

SPECIAL PERMIT

Special approval which is required for hospitals, nursing homes, jails and new manufactured home park or subdivision and substantial improvements to such existing manufactured home park or subdivision when such development is located partly or entirely within a designated floodplain.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the floodplain administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and 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 part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured home or 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 subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or residential dwellings shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

UNIFORM CONSTRUCTION CODE (UCC)

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

For the purposes of floodplain management, the words "mobile home" or "mobile home park" shall be replaced with the words "manufactured home" and "manufactured home park" within any delineated floodplain area.

For purposes of flood insurance requirements, the "Federal Emergency Management Agency" (FEMA) shall replace the "Federal Emergency Management Agency" (FEMA).

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

All references herein to the National Geodetic Vertical Datum (NGVD) 1929 are now North Atlantic Vertical Datum (NAVD) 1988.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

All references in this chapter to the "floodplain administrator" shall hereafter be referred to as the "floodplain administrator," appointed to administer and enforce this chapter. The floodplain administrator may:

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Fulfill the duties and responsibilities set forth in these regulations;

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or