Words used in the present tense shall include the future. The
singular shall include the plural, and the plural the singular. Reference
to one gender shall be deemed to include the other. The words "shall"
or "must" is intended to be and shall be deemed mandatory.
Where not defined in this Part 7, definitions of terms adopted
in the Municipalities Planning Code,[1] the Second Class Township Code,[2] the Pennsylvania Uniform Construction Code,[3] Chapter 145, Zoning, Chapter 116, Stormwater Management, and the Public and Private Improvements Code (PPIC)[4] shall govern.
The following words and phrases when used in this Part 7 shall have the meanings given to them in this article unless the context clearly indicates otherwise:
The areas identified as Zone A in the FIS (Flood Insurance
Study) which are subject to inundation by the one-percent-annual-chance
flood event determined using approximate methodologies. Because detailed
hydraulic analyses have not been performed, no base blood elevations
(BFEs) are shown.
The areas identified as Zones AE and A1-30 in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined by detailed methods and have base flow elevations (BFEs)
shown. There are three AE Areas, including, as defined herein, the
Floodway Area, the AE Area Adjacent to Floodway, and the AE Area Without
Floodway.
[Amended 5-23-2017 by Ord. No. 2017-10]
Those areas identified as an AE Zone on the FIRM included
in the FIS prepared by FEMA for which base flood elevations have been
provided and a floodway has been delineated.
[Added 5-23-2017 by Ord.
No. 2017-10]
Those areas identified as an AE Zone on the FIRM included
in the FIS prepared by FEMA for which base flood elevations have been
provided but no floodway has been determined.
[Added 5-23-2017 by Ord.
No. 2017-10]
Areas subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one and three feet.
[Added 5-23-2017 by Ord.
No. 2017-10]
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").
[Amended 5-23-2017 by Ord. No. 2017-10]
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.
Any area of the building having its floor below ground level
on all sides.
The building code official employed or retained by the Township
to administer and enforce the Construction Code, including any inspectors
and designees.
An area within a special flood hazard area, landward of a
coastal high hazard area (V Zone) or landward of a shoreline without
a mapped coastal high hazard area, in which the principal source(s)
of flooding are astronomical tides and storm surges, and in which,
during base flood conditions, the potential exists for breaking waves
with heights greater than or equal to 1.5 feet. The inland limit of
the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate
Wave Action (LiMWA).
[Added 5-23-2017 by Ord.
No. 2017-10]
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high hazard areas also are referred to as "V Zones" and are designated
on FIRMs as Zones V, VE or V1-30.
[Added 5-23-2017 by Ord.
No. 2017-10]
Flood related damages sustained by a structure on two separate
occasions during a ten-year period 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.
[Added 5-23-2017 by Ord.
No. 2017-10]
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.
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.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing 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).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
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.
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.
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.
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.
The area identified as floodway in the FIS which represents
the channel of a watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot at any
point. Shall also include floodway areas that have been identified
in other available studies or sources of information for those AE
Areas where no floodway has been identified in the FIS.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(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;
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;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
The International Building Code and the International Residential
Code, as adopted by the Pennsylvania Construction Code Act,[1] and as amended and updated.
Inland limit of the area affected by waves greater than 1.5
feet during the base blood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than, those in the
VE Zone.
[Added 5-23-2017 by Ord.
No. 2017-10]
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 applicable nonelevation
design requirements of this Part 7.
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. This definition only applies to this Part 7.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale. This definition only
applies to this Part 7.[2]
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after April 16, 1979, and before the effective
start date of this floodplain management ordinance 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.
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.
The Pennsylvania Department of Community and Economic Development.
An individual, partnership, public or private association
or corporation, limited liability company, 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.
A vehicle which is:
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.[3]
The areas identified as Zones AO and AH in the FIS. These
areas are subject to inundation by one-percent-annual-chance shallow
flooding where average depths are between one foot and three feet.
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, AH, V, VE, or V1-30.
[Amended 5-23-2017 by Ord. No. 2017-10]
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
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 manufacture 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/or 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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.
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 that have incurred "substantial damage
or cumulative substantial damage, regardless of the actual repair
work performed. The term does not, however include either:
[Amended 5-23-2017 by Ord. No. 2017-10]
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 Township's code enforcement official
and which are the minimum necessary to ensure safe living conditions;
or
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 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.
The statewide construction code as adopted by Millcreek Township.
For coordination purposes, references to the UCC and to codes adopted
by the Department of Labor and Industry are made specifically to various
sections of the IRC and the IBC.
Those areas identified as a V Zone on the FIRM included in
the FIS prepared by FEMA and for those which no base flood elevations
have been provided.
[Added 5-23-2017 by Ord.
No. 2017-10]
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.
Special flood hazard areas subject to inundation by the one-percent-annual-chance
(one-hundred-year) flood and subject to high velocity wave action.
[Added 5-23-2017 by Ord.
No. 2017-10]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[2]
Editor’s Note: The definition of “minor repair,”
which immediately followed this definition, was repealed 5-23-2017
by Ord. No. 2017-10.
[3]
Editor’s Note: The definition of “repetitive loss,”
which immediately followed this definition, was repealed 5-23-2017
by Ord. No. 2017-10.
