| § 3501.2. Definitions. Unless otherwise expressly stated, the following terms, for the purposes of this chapter, 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. |
| ASCE 24 or ASCE 24-98 — a standard developed by the American Society of Civil Engineers for flood-resistant design and construction of structures located in flood hazard areas. See the definition of "Uniform Construction Code (UCC)." "ASCE 24-98" is the 1998 edition of the ASCE 24 standard. |
| BASEMENT — any area of the building having its floor subgrade (below ground level) on all sides. |
| BUILDING — a combination of materials to form a permanent structure having walls and a roof. The term includes, without limitation, all manufactured homes and trailers to be used for human habitation. |
| CODE ENFORCEMENT OFFICER — the person appointed and authorized by the Board of Supervisors of East Coventry Township to administer and enforce the provisions of this chapter. |
| 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. |
| CONSTRUCTION — the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building, structure, including the placement of mobile homes. |
| DESIGNATED FLOODPLAIN DISTRICTS — those floodplain districts specifically designated in the Zoning Ordinance. |
| 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. |
| FEMA — the Federal Emergency Management Agency. |
| FLOOD — a temporary inundation of normally dry land areas. |
| 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 area of a designated floodplain district required to carry and discharge flood waters 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: |
| (1) | 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. |
| (2) | 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. |
| (3) | 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. |
| (4) | Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: |
| | (a) | By an approved state program as determined by the Secretary of the Interior. |
| | (b) | Directly by the Secretary of the Interior in states without approved programs. |
| IBC — the International Building Code. See the definition of "Uniform Construction Code (UCC)." |
| IDENTIFIED FLOODPLAIN AREA — the floodplain area specifically identified in the Zoning Ordinance as being inundated by the one-hundred-year flood. |
| IFGC — the International Fuel Gas Code. See the definition of "Uniform Construction Code (UCC)." |
| IRC or INTERNATIONAL RESIDENTIAL CODE — the International Residential Code for One- and Two-Family Dwellings. See the definition of "Uniform Construction Code (UCC)." |
| LAND DEVELOPMENT — Any of the following activities: |
| (1) | The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving: |
| | (a) | 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 |
| | (b) | 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. |
| (2) | A subdivision of land. |
| LOWEST FLOOR — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Code. |
| 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 of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient 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 repair include any 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. |
| MOBILE 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 does not include recreational vehicles or travel trailers. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. |
| MOBILE HOME PARK — a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use. |
| NEW CONSTRUCTION — structures for which the start of construction commenced on or after February 17, 1982, and includes any subsequent improvements thereto. |
| OBSTRUCTIONS — any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuses, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property. |
| 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. |
| RECREATIONAL VEHICLE — a vehicle which is: |
| (1) | Built on a single chassis. |
| (2) | Four hundred square feet or less when measured at the largest horizontal projection. |
| (3) | Designed to be self-propelled or permanently towable by a light duty truck. |
| (4) | Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. |
| REGULATORY FLOOD ELEVATION — the one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet. |
| REPETITIVE LOSS — 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. |
| SPECIAL PERMIT — 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 entirely or partially within a designated floodplain district. |
| STREET — any way used or intended to be used by vehicular traffic or pedestrians, whether public or private, including without limitation, a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley and viaduct. |
| 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. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land. |
| 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 ADDITIONS TO MANUFACTURED HOME PARKS — any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started. |
| SUBSTANTIAL DAMAGE — damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. |
| SUBSTANTIAL IMPROVEMENT — |
| (1) | 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. |
| (2) | Substantial improvement includes any repair, restoration or other improvement to structures which have incurred substantial damage or repetitive loss regardless of the actual repair, restoration or other improvement work performed. |
| (3) | Substantial improvement, however, does not 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 project is the minimum necessary to assure safe living conditions. |
| | (b) | Any alteration of a historic structure, provided that the alteration will not preclude the continued designation of the structure as a historic structure. |
| UNIFORM CONSTRUCTION CODE (UCC) - |
| (1) | The statewide building code, established under and by the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, No. 45, as amended, 35 P.S. § 7210.101 et seq., and the regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania (L&I) at 43 Pa. Code Chapters 401-405, as amended, and applicable to new construction in all municipalities whether administered by the municipality, a third party or L&I. |
| (2) | East Coventry Township has elected to administer the UCC pursuant to Part 2 of Chapter 5 of the Township of East Coventry Code of Ordinances. |
| (3) | Applicable to residential and commercial buildings, the building code adopted, by reference, various codes, including portions of the International Residential Code for One- and Two-Family Dwellings (IRC), the International Building Code (IBC), and the International Fuel Gas Code (IFGC), as the standards for floodplain construction within the Commonwealth. |
| (4) | The IBC incorporates by reference various standards including ASCE 24, a standard developed by the American Society of Civil Engineers providing minimum requirements for flood-resistant design and construction of structures located in flood hazard areas. |
| (5) | For purposes of coordination with the UCC, references in this chapter are made specifically to various sections and appendices of the IRC, the IBC, the IFGC, the ASCE 24, and/or the L&I regulations at 43 Pa. Code Chapters 401-405, as amended, notwithstanding that certain of the cited sections or appendices may not have been adopted as part of the UCC but shall nevertheless apply under this chapter. |
| ZONING ORDINANCE — the East Coventry Township Zoning Ordinance of 2008, as amended, as codified at Chapter 27 of the Township of East Coventry Code of Ordinances. |