Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
The following shall have the specific meaning set forth herein:
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The Building Code Official of New Freedom Borough.
New Freedom Borough, York County, Pennsylvania.
The Borough Council of New Freedom Borough, York County,
Pennsylvania.
A combination of materials to form a permanent structure
having walls and a roof, which shall include all manufactured homes
to be used for human habitation.
A space which will remain totally dry during flooding; the
structure of which is designed and constructed to prevent the passage
of water and water vapor.
The Pennsylvania Department of Economic Development or its
successor agency.
The Pennsylvania Department of Environmental Protection or
its successor agency.
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.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure of
which is substantially impermeable to the passage of water.
The Federal Emergency Management Agency or its successor
agency.
Flood insurance study.
A temporary inundation of normally dry land areas.
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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
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 Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
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.
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. For
purposes of this chapter, the term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
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.
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 exit way 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.
Structures for which the start of construction commenced
on or after March 2, 1979, and includes any subsequent improvements
thereto.
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 such a flood may occur in any year).
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.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
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.
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.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
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.
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction, or improvement of the streets, utilities,
and pads will equal or exceed 50% of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement is started.
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.
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
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, including, but not
limited to, referenced therein to the American Society of Civil Engineers
(ASCE) and any other standard set forth therein, as the construction
standard applicable within the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC. Any reference to earlier
versions of the IRC and the IBC shall be read to require compliance
with the most current version of the IRC, IBC and ASCE as such versions
become effective.
