In designated floodplain areas, only the following types of
activities/development will 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.
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 Chapter
82.
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 the definition
of "development.")
C. Floodway. No new construction or development shall be permitted in
any floodway area or, in the absence of a floodway area, within the
area measured 50 feet landward from the top-of-bank of any watercourse.
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) The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
(3) Recreational vehicles: the long-term parking (greater than or equal
to 180 consecutive days) if not 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) Structures associated with mining or oil and gas production, i.e.,
water storage, fluid containment, or well pads.
(7) 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 or any amount of radioactive substances. The following is a list
of materials and substances that are considered dangerous to human
life:
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Acetone
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Ammonia
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Benzene
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Calcium carbide
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Carbon disulfide
|
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Celluloid
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Chlorine
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Hydrochloric acid
|
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Hydrocyanic acid
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Magnesium
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Nitric acid and oxides of nitrogen
|
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Pesticides (including insecticides, fungicides, and rodenticides)
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Petroleum products (gasoline, fuel oil, etc.)
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Phosphorus
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Potassium
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Radioactive substances, insofar as such substances are not otherwise
regulated
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Sodium
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Sulphur and sulphur products
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Any other substance as determined by the Borough
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The following activities/development are permitted in identified floodplain areas, provided that such activity/development does not involve any activity/development prohibited by §
82-5:
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.).
L. Boat launch sites constructed to existing grade.
M. Stormwater conveyance and stormwater management facilities for water
quality as outlined in the Borough Act 167 Stormwater Management Ordinance.
N. Recreational vehicles meeting one or more of the following criteria:
(1) Must be on the site for fewer than 180 consecutive days; or
(2) Must be fully licensed and ready for highway use.
Any activity/development not expressly permitted in §
82-6 shall only be permitted by variance and shall be undertaken only in full compliance with §§
82-11 and
82-12. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by §
82-5D.
The provisions of this Chapter
82 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 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 base flood elevation 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 Regional
Office.
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 §
82-5D(7).
F. 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 chapter.
G. 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 §§
82-11 and
82-12.
I. The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 International Building Code and
the 2009 International Residential Code.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, the Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Board in accordance with the procedures contained in §
82-2K 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 base flood elevation. 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 base flood elevation 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 Regional Office.
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 base flood elevation plus a freeboard safety factor of 1 1/2 feet. In A Zones, the regulatory flood elevation shall be determined in accordance with §
82-4B(3).
F. Design and construction standards. Any development permitted by variance shall comply with the requirements of §
82-12 and all other applicable requirements of the National Flood Insurance Program.
G. Substantial improvements. The Borough may grant a variance to the prohibition of substantial improvements to existing structures in identified floodplain areas, provided that all requirements of this §
82-11 are satisfied.
H. Developments of special concern. No variance shall be granted for any development of special concern identified in §
82-5D.
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 chapter. 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 chapter.
J. Least modification. If granted, a variance shall involve only the
least modification necessary to provide relief.
K. Conditions. In granting any variance, the Borough 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 chapter.
L. Written notice. Whenever a variance is granted, the Borough 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 Borough
shall consider 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 Borough. In addition, a report of all variances granted during the year under this §
82-11 shall be included in the annual report to 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 non residential 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 §
82-4B(3) of this chapter.
(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 through 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
through 405.
(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 will 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; and
(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 Borough stormwater control requirements.
The system shall insure 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 sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2) Sanitary sewer 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 §
82-5D(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 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and/or supplement the requirements of this
chapter:
(1) International Building Code (IBC) 2009 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612 and 3402 and Appendix G.
(2) International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323 and Appendix AE101,
Appendix E and Appendix J.
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.
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
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.
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 the 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 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, 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 March 19, 2013, and includes any subsequent improvements
to such structures. Any construction started after September 29, 1978,
and before March 19, 2013, is 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.
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, AO, A1-A30, AE, A99, or AH.
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 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
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. Historic structures undergoing repair
or rehabilitation that would constitute a substantial improvement,
as defined in this chapter, must comply with all ordinance requirements
that do not preclude the structure's continued designation as
a 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.
This chapter shall be effective immediately upon its approval
as provided by law and shall remain in force until modified, amended,
or rescinded by the Borough of East Stroudsburg, Monroe County, Pennsylvania.