The following are definitions which shall be used in making reasonable interpretations of the provisions contained in the Articles I and II of this chapter, being §§ 173-1 through 173-14 and 173-15 through 173-19 of this chapter:
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other articles
have been prepared; for purposes of this chapter, the one-hundred-year
flood, as referenced in the current Trappe Borough Flood Insurance
Study, prepared by the Federal Insurance Administration, Federal Emergency
Management Agency.
The one-hundred-year flood elevation, as referenced in the Borough of Trappe Flood Insurance Study, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the General Floodplain and Flood Insurance Rate Map, the base flood elevation shall be established as described in § 340-135 of Chapter 340, Zoning.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured/mobile homes, streets and other paving,
utilities, mining, dredging, filling, grading, excavation or drilling
operations, or the storage of materials or equipment.
A temporary condition of partial or complete inundation of
normally dry land areas.
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. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, U.S. Army, publication number EP 1165 2 314 (June, 1972
and as subsequently amended). Floodproofing measures for all new construction
and substantial improvements of structures shall satisfy the requirements
of the completely dry spaces (W1) and essentially dry spaces (W2)
classes referenced in these regulations. In said publication, where
reference is made to "below" (or above) the "BFD" (base flood datum),
it shall be interpreted as meaning below (or above) the base flood
elevation.
Any structure that is:
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;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
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 completed and
ready for occupancy except for minor or incidental unpacking and assembly
operations, and constructed so that it may be used with or without
a permanent foundation. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
Structures for which the start of construction as herein
defined commenced on or after May 5, 1975. This term does not apply
to any work on a structure existing before the effective date of this
chapter.
Structures for which the "start of construction" as herein
defined commenced on or after May 5, 1975 and includes any subsequent
improvements to such structures.
A flood that has one chance in 100 or a 1% chance of being
equaled or exceeded in any one year. For the purposes of this chapter,
the one-hundred-year flood (base flood) as defined by the Federal
Insurance Administration, Federal Emergency Management Agency in the
Flood Insurance Study, Trappe Borough.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on the 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.
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, factories,
sheds, cabins, manufactured homes, modular homes and other similar
items.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals 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,"
as defined herein, 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
Any alteration of a "historic structure," provided
that the alteration will not preclude the structure's contained designation
as a "historic structure."
A.
The degree of flood protection sought by the provisions
of this chapter is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. 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 the Floodplain
Conservation District, or that land uses permitted within such district,
will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part
of Trappe 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.
