The Floodplain Overlay District is hereby created to be coterminous
with the areas classified as Special Hazard Area (SFHA) in the Flood
Insurance Study and the accompanying FIRM (Flood Insurance Rate Map)
issued by the Federal Emergency Management Agency. In addition to
all other applicable standards of this chapter, the floodplain regulations
in this division shall apply in the Floodplain Overlay District.
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Floodplain Management Act of 1978, delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, this
division is hereby adopted by the Township Board of Supervisors as
authorized:
This division shall apply to all new construction, development,
and improvements, including the placement of fill material, in any
identified floodplain area.
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 Township unless a permit has been
obtained from the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing
buildings or structures, unless required by other provisions of this
division.
In designated floodplain areas, only the following types of
activities/development in compliance with this division shall be permitted:
A.
Activities/development that are compatible with maintaining
the existing hydrologic regime and do not alter the cross-sectional
dimension of the floodplain and its storage capacity, except in compliance
with this division.
B.
Activities/development permitted under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter
102.
C.
Activities/development specifically authorized by this division.
In identified floodplain areas, the following shall be prohibited:
A.
Buildings: all walled and roofed buildings.
B.
Any new construction or development that will in any manner retard, divert or alter the natural flow of floodwaters on the site except activities permitted by the Pennsylvania Department of Environmental Protection under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter
102. (See definition of "development.")
C.
Floodway. No new construction or development shall be permitted
in any floodway area. In the absence of a floodway area no new construction
or development shall be permitted within the area measured 50 feet
landward from the top-of-bank of any watercourse unless a permit is
obtained from the Department of Environmental Protection.
D.
Developments of special concern.
(1)
The commencement of any of the following activities, or the
construction enlargement, or expansion of any structure used, or intended
to be used, for any of the following activities shall be prohibited:
(2)
Manufactured home park or subdivision. The commencement of,
or any construction of, a new manufactured home park or manufactured
home park or subdivision, or substantial improvement to an existing
manufactured home park or manufactured home subdivision.
(3)
Recreational vehicles. The parking of any recreational vehicle
unless it is fully licensed and ready for highway use.
(4)
Fill. The placement of fill material that is not associated
with a permitted activity.
(5)
Sewage disposal. On-lot or community subsurface sewage disposal
systems.
(6)
Mineral extraction. Structures associated with mining or oil
and gas production, i.e., water storage, fluid containment, or well
pads.
(7)
Dangerous materials and substances. Any type of development
or activity shall be prohibited which will be used for the production
or storage of any of the following dangerous materials or substances;
or, which will be used for any activity requiring the maintenance
of a supply of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or, which will involve the production, storage, or use of any amount
of radioactive substances. The following list of materials and substances
are considered dangerous to human life:
(k) Nitric acid and oxides of nitrogen.
(l) Petroleum products (gasoline, fuel oil, etc.).
(p) Sulphur and sulphur products.
(q) Pesticides (including insecticides, fungicides,
and rodenticides).
(r) Radioactive substances, insofar as such substances
are not otherwise regulated.
(s) Any other substance as determined by Township.
The following activities/development are permitted in identified
floodplain areas, provided such activity/development does not involve
any activity/development prohibited by § 110-080, Prohibited
development:
C.
Forestry and seed production.
E.
Parking lots constructed to existing grade.
F.
Temporary fairs or carnivals.
G.
Accessory uses for residential purposes.
H.
Private sportsmen's club activities (for example, archery, hunting,
horse shoes, etc.).
I.
Athletic facilities not involving structures (for example, sports
field).
L.
Boat launch sites constructed to existing grade.
M.
Stormwater conveyance and stormwater management facilities for
water quality and quality control as outlined in this division.
N.
The parking of recreational vehicles which are fully licensed
for highway use.
Any activity/development not expressly permitted in § 110-090
shall only be permitted by variance and shall be undertaken only in
full compliance with § 110-140, Variances, and § 110-150,
Design and construction standards. However, no activity/development
shall be permitteed which involves any activity/development expressly
prohibited by § 110-080, Prohibited development.
The provisions of this division do not require any changes or
improvements to be made to lawfully existing structures. However,
when an improvement is made to any existing structure in the identified
floodplain area, the following provisions shall apply:
A.
Expansions. Any substantial improvement to an existing structure
which results in the horizontal expansion of the structure within
the floodway shall be prohibited.
B.
Floodways. No vertical expansion or enlargement of an existing
structure shall be allowed within any floodway area that would cause
any increase in the base flood elevation.
C.
AE Area without floodway. No vertical expansion or enlargement
of an existing structure shall be allowed within any AE Area without
floodway that would, together with all other existing and anticipated
development, increase the BFE more than one foot at any point.
D.
AE Area without floodway and A Area. No permitted expansion
or enlargement of an existing structure shall be allowed within 50
feet landward from the top-of-bank of any watercourse within any AE
Area which lacks a designated floodway or within any A Area unless
necessary permits are obtained from the Department of Environmental
Protection.
E.
Danger to human life. No modification, alteration, reconstruction,
or improvement of any kind to an existing structure shall be permitted
which involves any activity which may endanger human life as listed
in § 110-080D(7).
[Amended 6-13-2013 by Ord. No. 193]
F.
Substantial improvements. Any modification, alteration, reconstruction,
or improvement of any kind to an existing structure, to an extent
or amount of 50% or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this article.
G.
Less than substantial improvements. Any modification, alteration,
reconstruction, or improvement of any kind to an existing structure,
to an extent or amount of less than 50% of its market value, shall
be elevated to the greatest extent possible.
H.
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall only
be permitted by variance and shall be undertaken only in full compliance
with § 110-140, Variances, and § 110-150, Design
and construction standards.
I.
Construction codes. The above activity shall also address the
requirements of the 34 Pa. Code, as amended, and the 2009 IBC and
the 2009 IRC.
If compliance with any of the requirements of this division
would result in an exceptional hardship to a prospective builder,
developer, or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements, in accordance
with the procedures contained in § 083-060 and the following:
A.
Alternatives analysis. No variance shall be granted until the
applicant has performed an alternatives analysis to find practicable
alternatives to development in the identified floodplain area.
B.
Floodway. No variance shall be granted for any construction,
development, use, or activity within any floodway area that would
cause any increase in the BFE. Where a variance may be granted, necessary
permits shall be obtained from the Department of Environmental Protection
Regional Office. Within any floodway area, no encroachments, including
fill, new construction, substantial improvements, or other development
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
C.
AE Area without floodway. No variance shall be granted for any
construction, development, use, substantial improvement or activity
within any AE Area without floodway that would, together with all
other existing and anticipated development, increase the BFE greater
than one foot at any point.
D.
AE Area without floodway and A Area. No variance shall be granted
for any construction, development, use, substantial improvement or
activity within 50 feet landward from the top-of-bank of any watercourse
within any AE area which lacks a designated floodway or within any
A Area unless necessary permits are obtained from the Department of
Environmental Protection.
E.
Elevation required. Any building permitted by variance shall
be elevated to the regulatory flood elevation. Within any identified
floodplain area, any new construction or substantial improvement of
a residential structure or nonresidential structure shall have the
lowest floor (including basement) elevated up to, or above, the regulatory
flood elevation. The regulatory flood elevation is defined as the
BFE plus a freeboard safety factor of 1 1/2 feet. In A Zones,
the regulatory flood elevation shall be determined in accordance with § 110-070C(3).
F.
Design and construction standards. Any development permitted
by variance shall comply with the requirements of § 110-150
and all other applicable requirements of the National Flood Insurance
Program.
G.
Substantial improvements. The Zoning Hearing Board may grant
a variance to the prohibition of substantial improvements to existing
structures in identified floodplain areas, provided all requirements
of this § 110-140 are satisfied.
H.
Developments of special concern. No variance shall be granted
for any development of special concern identified in § 110-080D.
I.
Newly created lots or parcels. No variance shall be granted
for any development in any identified floodplain area contained within
any lot or parcel created after the effective date of this division.
No variance shall be granted for any development in any identified
floodplain area contained on any development plans submitted, after
the effective date of this division.
J.
Least modification. If granted, a variance shall involve only
the least modification necessary to provide relief.
K.
Conditions. In granting any variance, the Zoning Hearing Board
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 division.
L.
Written notice. Whenever a variance is granted, the Zoning Hearing
Board shall notify the applicant in writing that:
(1)
The granting of the variance may result in increased premium
rates for flood insurance.
(2)
Such variances may increase the risks to life and property.
M.
Review factors. In reviewing any request for a variance, the
Zoning Hearing Board shall determine that the granting of the variance
will not:
(1)
Result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety, or extraordinary public expense.
(2)
Create nuisances, cause fraud on, or victimize the public, or
conflict with any other applicable state or local ordinances and regulations.
N.
Record. A complete record of all variance requests and related
actions shall be maintained by the Zoning Hearing Board. In addition,
a report of all variances granted during the year under this § 110-140
shall be included in the annual report to the FEMA.
The following minimum standards, in addition to all applicable
National Flood Insurance Program requirements, shall apply to any
construction and development approved within any identified floodplain
area:
A.
Residential and nonresidential structures.
(1)
In AE Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)
In A Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation determined in accordance with
§ 110-070C(3) of this article.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized.
B.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements),
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a) A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
(b) The bottom of all openings shall be no higher than
one foot above grade.
(c) Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
C.
Manufactured homes.
(1)
All manufactured homes, and any improvements thereto, shall
be:
(a) Placed on a permanent foundation.
(b) Elevated so that the lowest floor of the manufactured
home is at least 1 1/2 feet above the base flood elevation.
(c) Anchored to resist flotation, collapse, or lateral
movement.
(2)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, shall apply and 34 Pa. Code, Chapters
401 to 405, so that the lowest floor of the manufactured home is at
least 1 1/2 feet above the base flood elevation.
(3)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the unit's proposed installation.
D.
Accessory structures. Structures accessory to a principal building
need not be elevated to remain dry, but shall comply, at a minimum,
with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 100 square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets shall be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(a) A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
(b) The bottom of all openings shall be no higher than
one foot above grade.
(c) Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
E.
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 no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes, are submitted to, and
approved by, the Floodplain Administrator.
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
F.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner
in accordance with all applicable Township stormwater control requirements.
The system shall ensure proper drainage 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.
G.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewage facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewage facilities and systems shall be designed to
prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within
any identified floodplain area.
H.
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
I.
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
J.
Storage. All materials that are buoyant, flammable, explosive
or, in times of flooding, could be injurious to human, animal, or
plant life, and not listed in § 110-080D(7), shall be stored
at or above the regulatory flood elevation.
K.
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 floodwater.
L.
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, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
M.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation 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.
N.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
O.
Electrical components.
(1)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(2)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
P.
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
Q.
Fuel supply systems. 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.
R.
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this Article
XI, to the extent that they are more restrictive and/or supplement the requirements of this Article
XI.
(1)
International Building Code (IBC) 2009 or the latest edition
thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
[Amended 6-13-2013 by Ord. No. 193]
Words and phrases used in this division which are defined below
shall have the meanings set forth below. Words not defined below but
defined in Division 020 shall have the meanings set forth in Division
020. In the event of a conflict between the definitions in Division
020 and this division, the definition in this division shall prevail,
but only for purposes of this division; in all other cases the definition
in Division 020 shall prevail. All other words and phrases shall be
given their common, ordinary meaning, unless the context requires
otherwise.
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.
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").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zone AE 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.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
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.
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).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency 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 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.
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.
HISTORIC STRUCTURE
Any structure that is any of the following:
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 with historic preservation programs which have been approved
by the Secretary of the Interior.
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or 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 article.
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, and recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 April 2, 2013, and includes any subsequent improvements
to such structures. Any construction started after December 16, 1988,
and before April 2, 2013, 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 6-13-2013 by Ord. No. 193]
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.
PRACTICABLE ALTERNATIVE
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
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;
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 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.
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 or AE.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided 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 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.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, fences, walls, storage tanks, 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.
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
A.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost 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.
B.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this article,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance 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 ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
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 certificates, 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
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.