Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
As used in this chapter, the following terms shall have the
meanings indicated:
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"
or "one-percent-annual-chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AS, AH, and 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.
BOROUGH
The Borough of Bradford Woods, Allegheny County, Pennsylvania.
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.
COUNCIL
The Council of the Borough of Bradford Woods.
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 (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
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.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually on 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 local inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the base flood.
[Amended 8-11-2014 by Ord. No. 440]
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
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 transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
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,
soil, 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 the effective start date of this chapter, and includes
any subsequent improvements to such structures. Any construction started
after November 6, 1981, and before the effective start date of this
chapter 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 8-11-2014 by Ord. No. 440]
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM) dated November 6, 1981, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
[Amended 8-11-2014 by Ord. No. 440]
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated November 6, 1981, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
[Amended 8-11-2014 by Ord. No. 440]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation plus a freeboard safety factor of
1 1/2 feet.
[Amended 8-11-2014 by Ord. No. 440]
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, A0, Al-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 piers, 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 foundation 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, and other similar items.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC, or their successors.
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 certifications, 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.