The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain 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, in addition
to the authority provided by the Pennsylvania Municipalities Planning
Code, this article is adopted as authorized by the Pennsylvania
Flood Plain Management Act of 1978.
In designated floodplain areas, only the following types of
activities/development in compliance with this chapter 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 chapter.
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 article.
In identified floodplain areas, the following shall be prohibited:
A. Buildings. All walled and roofed buildings except on certain nonconforming lots pursuant to §
400-147A, Existing lots or parcels of record.
B. 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.
C. 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 subdivision, or substantial improvement to an existing manufactured
home park or manufactured home subdivision.
(3)
Recreational vehicles. The parking or use 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 except on certain nonconforming lots pursuant to §
400-147A.
(6)
Mineral extraction. Structures associated with mining or oil
and gas production (e.g., water storage facilities, fluid containment
facilities, or well pads).
(7)
Dangerous materials or substances. Any type of development or
activity shall be prohibited which will be used for the production
or storage of any of the following; 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 the Township.
The following activities/development are permitted in identified floodplain areas provided such activity/development does not involve any activity/development prohibited by §
400-142, 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.).
L. Boat launch sites constructed to existing grade.
M. Stormwater conveyance and stormwater management facilities for water
quality as permitted by the Township Stormwater Management Ordinance
(Act 167).
N. The parking or use of recreational vehicles which are fully licensed
and ready for highway use.
O. Development on certain parcels pursuant to §
400-147A, Existing lots or parcels of record.
Any activity/development not expressly permitted in §
400-143, Permitted activities/development, shall only be permitted by variance and shall be undertaken only in full compliance with §
400-148, Variances, and §
400-149, Design and construction standards. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by §
400-142, Prohibited development.
The provisions of this article 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 or enlargements. No expansion or enlargement of an existing
structure shall be allowed within any Floodway Area/District.
B. AE area without floodway. No 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.
C. AE area without floodway and an area. No permitted expansion or enlargement
of an existing structure shall be allowed within 51 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.
D. 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 §
400-142C(7).
E. Substantial improvement. 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.
F. Less than substantial improvement. 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.
G. 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 article 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. Requests for variances shall be considered in accord with §
400-126, Variances, 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. 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 two feet. In A Zones, the regulatory flood elevation shall be determined in accord with §
400-141B(3).
F. Design and construction standards. Any development permitted by variance shall comply with the design and construction standards of §
400-149 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 section
are satisfied.
H. Developments of special concern. No variance shall be granted for any development of special concern identified in §
400-142C.
I. Least modification. If granted, a variance shall involve only the
least modification necessary to provide relief.
J. 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 article.
K. 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.
L. 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.
M. 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 section 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 §
400-141B(3).
(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 qualified professional as defined in Article
III, 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 manufactures' 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 manufacturers' 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 flood water for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a qualified professional as defined in Article
III. 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 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 except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities from Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
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 §
400-142C(7), Dangerous materials or substances, 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 article, to the extent that
they are more restrictive and/or supplement the requirements of this
article.
(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.
Words and phrases used in this articleshall have the meanings set forth in this section. Words and phrases not defined in this article but defined in Article
III shall be given the meanings set forth in Article
III. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
BASE FLOOD
A flood which has a one-percent chance of being equaled or
exceeded in any given year (formerly referred to as "the one-hundred-year
flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones 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 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, 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 February 5, 2013, the effective date of this Zoning Ordinance,
as amended, and includes any subsequent improvements to such structures.
Any construction started after November 4, 1988, the date of the first
floodplain management standards adopted by the Township, and before
February 5, 2013, the effective date of this Zoning Ordinance, as
amended, 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.
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.
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 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 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.