As used in this Part
1, the following terms shall have the meanings indicated:
BLUFFA high bank or bold headland with a broad precipitous cliff face overlooking Lake Erie.
BLUFF RECESSIONThe loss of material along the bluff face caused by the direct or indirect action by one or a combination of groundwater seepage, water currents, wind-generated water waves, or high water levels.
BLUFF RECESSION HAZARD AREAAn area or zone where the rate of progressive bluff recession creates a substantial threat to the safety or stability of nearby existing or future structures or utility facilities.
DEPARTMENTThe Department of Environmental Protection of the Commonwealth.
DEVELOPMENTA. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose, including but not limited to:
(1) A group of two or more buildings; and
(2) The division or allocation of land or space 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; or
MARKET VALUEThe value of a structure determined by a certified appraisal or by determining the assessed value of a structure and applying the assessment ratio of Erie County in which the structure is located.
PARCELA piece of ground that existed as an independent tax lot on the records of the county prior to its inclusion in a municipality's designated bluff recession hazard areas.
PERSONSAn individual, partnership, public or private association or corporation, firm, trust estate, municipality, governmental unit, public utility or other legal entity which is recognized by law as the subject of right and duties. When used in a section prescribing or imposing a penalty, the term shall include members of a partnership; officers, members, servants, and agents of an association; and officers, agents, or servants of a corporation but shall exclude any department, board, bureau, or agency of the commonwealth.
PLATA map, drawing, or print accurately drawn to scale showing the proposed or existing location of all structures.
STRUCTUREA man-made object having an ascertainable stationary location on or in land, whether or not affixed to the land; structures are classified into three categories: residential, commercial, and light and heavy industrial.
A. RESIDENTIAL STRUCTURESA place providing the habitation for an individual or group of individuals. Structures in this category include but are not limited to single-family homes, duplexes, and summer cottages, as well as any secondary structure associated with residential structure.
B. COMMERCIAL STRUCTURESA place where commodities are exchanged, bought, or sold. Structures in this category include but are not limited to grocery stores, hardware stores, clothing shops, and pharmacies as well as any secondary structure that is associated with the commercial structure.
C. LIGHT AND HEAVY INDUSTRIAL STRUCTURESA place where materials are refined, produced, or fabricated and stored prior to shipment to commercial establishments. Structures in this category include but are not limited to factories, power plants, and warehouses, as well as a secondary structure that is associated with the industrial structure. Hospitals, nursing homes, schools, and other public service facilities, because of the dangers inherent in bluff recession, will for purposes of setback requirements, be considered light and heavy industrial structures.
STRUCTURE LIFE SPANThe useful life of the structure considering both economic and physical factors.
SUBSTANTIAL IMPROVEMENTA. A repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure either:
(1) Before the improvement or repair is started;
(2) If the structure has been damaged and is being restored, before the damage occurred; or
B. Repair, reconstruction, or improvement of a structure occurring over a five-year period, the aggregate cost of which equals or exceeds 50% of the market value of the structure either:
(1) Before the first improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
C. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structure part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.