The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
Unless specifically defined below, words and phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
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.
ACT
The Flood Plain Management Act (32 P.S. §§ 679.101
— 679.601).
BASE FLOOD
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or one-percent-annual-chance flood).
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
EXISTING 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 before the effective date of
the floodplain management regulations adopted by a community.
EXISTING STRUCTURE
A structure for which the start of construction commenced
before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing structure" may also be
referred to as "existing construction."
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FEMA
The Federal Emergency Management Agency, to which was transferred
the functions of the Federal Insurance Administration, Department
of Housing and Urban Development, under Reorganization Plan No. 3
of 1978, 43 FR 41943 (September 19, 1978), and Executive Order 12127,
44 FR 19367 (April 3, 1979).
FILL
Sand, gravel, or other material placed or deposited so as
to form an embankment or raise the elevation of the land surface.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of the Township on which FEMA has delineated
both the floodplain/special flood hazard area and the risk premium
zones applicable to the Township.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
FLOODPLAIN ADMINISTRATOR
The person and/or entity responsible for the administration
of this chapter as designated/approved by the Township.
FLOODPLAIN 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.
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.
HIGHWAY OBSTRUCTION or HIGHWAY
A roadway, highway embankment, highway drainage structure,
or highway appurtenant structure constructed, owned or maintained
by the commonwealth or a political subdivision of the commonwealth
which might impede, retard, or change flood flows, including but not
limited to new highway construction, pavement or shoulder widening,
reconstruction with additional embankment, turning lanes and curve
flattening.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
A.
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;
B.
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;
C.
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
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.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
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,
oil, 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 or after the effective date of this chapter and includes any subsequent
improvements to such structures. Any construction started after September
1, 1986, and before the effective date of this chapter shall be subject
to the ordinance in effect at the time the permit was issued, provided
that the start of construction was within 180 days of permit issuance.
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.
OBSTRUCTION
A structure or assembly of materials owned or maintained
by the commonwealth, a political subdivision of the commonwealth,
a public utility and/or any private entity, whether nonprofit or for
profit, including fill above or below the surface or land or water
or an activity conducted by the commonwealth, a political subdivision
of the commonwealth, a public utility and/or a private nonprofit or
for-profit entity which might impede, retard or change flood flows.
The term excludes planting, cultivation and harvesting of field and
orchard crops; the grazing of livestock; and the maintenance of necessary
appurtenant agricultural fencing.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's
initial Flood Insurance Rate Map (FIRM) dated September 1, 1986, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated September 1, 1986, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
PUBLIC UTILITY SERVICE
The rendering of the following services for the public:
A.
Gas, electricity, or steam production, generation, transmission
or distribution.
B.
Water diversion, pumping, impoundment or distribution.
C.
Railroad transportation of passengers or properties.
D.
Operation of a canal, turnpike, tunnel, bridge, wharf or similar
structure.
E.
Transportation of natural or artificial gas, crude oil, gasoline
or petroleum products, materials for refrigeration, or other fluid
substances by pipeline or conduit.
F.
Telephone or telegraph communications.
G.
Sewage collection, treatment, or disposal.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REPETITIVE 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.
ROUTINE MAINTENANCE ACTIVITIES
Include but are not limited to repaving; replacement of rails,
ties or ballast; gas or water main repairs; and replacement in kind
of individual components or appurtenant structures, etc., or any activities
that may effect future flooding activities.
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, A99, or AH.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion, of a 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 from the date
of the permit and shall be completed within 12 months after the date
of the 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/or 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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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, partition by the court
for distribution to heirs or devisees, 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 any residential
dwelling, 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
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include 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. Historic structures undergoing repair
or rehabilitation that would constitute a substantial improvement
as defined in this chapter must comply with all chapter requirements
that do not preclude the structure's continued designation as
a historic structure. Documentation that a specific chapter requirement
will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic Places must be
obtained from the Secretary of the Interior or the State Historic
Preservation Officer. Any exemption from chapter requirements will
be the minimum necessary to preserve the historic character and design
of the structure.
TOWNSHIP
Independence Township, Beaver County, Pennsylvania.
UNIFORM CONSTRUCTION CODE (UCC)
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 including any revisions and/or updates
as may be adopted from time to time.
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.
WATERCOURSE
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow. Areas within the Commonwealth of Pennsylvania which have been
identified by FEMA as being subject to flooding by a one-hundred-year
flood are determined to be flood hazard areas. Areas subject to flooding
by a one-hundred-year flood are areas of special flood hazard on flood
insurance studies and maps provided by FEMA.