Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[Amended 8-13-2015 by Ord. No. 701]
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] 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, the Board of Supervisors of the Township of Upper Chichester does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The purpose of this conservation district is to set forth certain minimum standards and to regulate generally development within areas of the Township which are subject to flooding; establishing the need to obtain a permit for any type of construction or development, including in those areas subject to flooding within the Township; providing for the issuance of such permits; and establishing penalties for any persons who fail or refuse to comply with the requirements of this overlay.
A. 
Intent. The intent of this district is to:
(1) 
Promote the general, health, safety and welfare of the community.
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3) 
Minimize danger to public health by protecting water supply and natural drainage.
(4) 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
(5) 
Comply with federal and state floodplain management requirements.
B. 
Applicability.
(1) 
Overlay.
(a) 
The floodplain conservation district shall be an overlay to the underlying existing zoning, as shown on the Official Zoning Map[1] accompanying this chapter, in those areas identified as floodplain areas of the Township in § 600-131. In those identified floodplain areas, the requirements of the Floodplain Conservation District shall be met in addition those of the underlying district.
[1]
Editor's Note: A copy of the map is included as an attachment to this chapter.
(b) 
In the case of a conflict between any of the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions shall apply.
(2) 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Upper Chichester Township unless a permit has been obtained from the Floodplain Administrator.
(3) 
A permit will not be required for minor repairs to existing buildings or structures.
C. 
Abrogation and greater restrictions. This district supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other provisions will remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this district the more restrictive will apply.
D. 
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this overlay district is declared invalid for any reason whatsoever, such a decision will not affect the remaining portions of this district, which will remain in full force and effect, and for this purpose the provisions of this district are hereby declared to be severable.
E. 
Warning and disclaimer of liability.
(1) 
The degree of flood protection sought by the provisions of this district is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This district does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
(2) 
This district will not create liability on the part of Upper Chichester Township or any officer or employee thereof for any flood damages that result from reliance on this district or any lawfully made administrative decision.
A. 
Designation of the Floodplain Administrator.
(1) 
The Inspection Director is hereby appointed to administer and enforce the provisions of this district and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may fulfill the duties and responsibilities set forth in these regulations; delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity will not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(2) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Engineer.
B. 
Permits required. A permit shall be required before any construction or development is undertaken within any area of Upper Chichester Township.
C. 
Duties and responsibilities of the Floodplain Administrator.
(1) 
The Floodplain Administrator or designee shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this district and all other applicable codes and ordinances.
(2) 
Prior to the issuance of any permit, the Floodplain Administrator will review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit will be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(3) 
In the case of existing structures, prior to the issuance of any development permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
(4) 
During the construction period, the Floodplain Administrator or other authorized official will inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she will make as many inspections during and upon completion of the work as are necessary.
(5) 
In the discharge of his/her duties, the Floodplain Administrator will have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(6) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator will revoke the permit and report such fact to the Board for whatever action it considers necessary.
(7) 
The Floodplain Administrator will maintain in perpetuity all records associated with the requirements of this district, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(8) 
The Floodplain Administrator is the official responsible for submitting a biennial report to the FEMA concerning community participation in the National Flood Insurance Program.
(9) 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator.
(10) 
The Floodplain Administrator will consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
D. 
Application procedures and requirements.
(1) 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:
(a) 
Name and address of the applicant.
(b) 
Name and address of the owner of land on which proposed construction is to occur.
(c) 
Name and address of the contractor.
(d) 
Site location including address.
(e) 
Listing of other permits required.
(f) 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(g) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards;
(d) 
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(e) 
Building materials are flood-resistant;
(f) 
Appropriate practices that minimize flood damage have been used; and
(g) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(a) 
A completed permit application form.
(b) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1] 
North arrow, scale, and date;
[2] 
Topographic contour lines, if available;
[3] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[4] 
The location of all existing streets, drives, and other accessways; and
[5] 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(c) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[1] 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[2] 
The elevation of the base flood;
[3] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.
(d) 
The following data and documentation:
[1] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and
[2] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District with floodway [See § 600-131B(1).] when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
[4] 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood.
[5] 
Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[6] 
Detailed information needed to determine compliance with § 600-132C(6), Storage, and § 600-132D, Development which may endanger human life, including:
[a] 
The amount, location and purpose of any materials or substances referred to in §§ 600-132C(6)and 600-132D which are intended to be used, produced, stored or otherwise maintained on site.
[b] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 600-132D during a base flood.
[7] 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[8] 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(e) 
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
E. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
F. 
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind will be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change will be in writing, and will be submitted by the applicant to Floodplain Administrator for consideration.
G. 
Placards. In addition to the permit, the Floodplain Administrator will issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
H. 
Start of construction.
(1) 
Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start of construction" 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/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.
(2) 
Time extensions will be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
I. 
Enforcement.
(1) 
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this district, or of any regulations adopted pursuant thereto, the Floodplain Administrator will give notice of such alleged violation as hereinafter provided. Such notice will:
(a) 
Be in writing;
(b) 
Include a statement of the reasons for its issuance;
(c) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(d) 
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order is deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(e) 
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter.
(2) 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this district or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a violation and upon conviction shall pay a fine to the Township, of not less than $25 nor more than $600 plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this district. The imposition of a fine or penalty for any violation of, or noncompliance with, this district shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this district may be declared by the Board to be a public nuisance and abatable as such.
J. 
Appeals.
(1) 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(2) 
Upon receipt of such appeal, the Zoning Hearing Board will set a time and place, within not less than 10 or not more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered will be given to all parties.
(3) 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Identification.
(1) 
The identified floodplain area shall be:
(a) 
Any areas of the Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated November 18, 2009, and September 2, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(b) 
Any community-identified flood hazard areas.
(2) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township and declared to be a part of this district.
B. 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1) 
The AE Area/District with an identified floodway includes those areas identified as AE Zone on the FIRM included in the FIS prepared by FEMA, for which a floodway has been delineated. The "floodway" 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 one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS.
(a) 
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.
(b) 
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(c) 
Permitted uses in the floodway. In the Floodway District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not required structures, fill, or storage of materials and equipment:
[1] 
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
[2] 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas;
[3] 
Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas; and
[4] 
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(d) 
Uses permitted in the floodway by special exception. The following uses and activities may be permitted in the floodway by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
[1] 
Structures, except for manufactured homes, accessory to the uses and activities referred to in Subsection B hereof;
[2] 
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses;
[3] 
Water-related uses and activities such as marinas, docks, wharves, piers, etc.;
[4] 
Extraction of sand, gravel and other materials;
[5] 
Temporary uses such as circuses, carnivals and similar activities;
[6] 
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning; and
[7] 
Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
(2) 
The AE Area/District shall be 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.
(a) 
The AE Area adjacent to the floodway shall be 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.
(b) 
No new construction or development shall be located 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 Regional Office.
(3) 
A Area/District.
(a) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent-annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(b) 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(4) 
Community-identified flood hazard areas shall be those areas where Upper Chichester Township has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
C. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Commissioners where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but no later than six months after the date such information becomes available; a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
D. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Planning Commission, and any party aggrieved by this decision or determination may appeal to the Board. The burden of proof shall be on the appellant.
E. 
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
A. 
General.
(1) 
Alteration or relocation of watercourse.
(a) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection regional office.
(b) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(c) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
Technical or scientific data shall be submitted by the applicant to FEMA for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a conditional letter of map revision (CLOMR) are required are:
(a) 
Any development that causes a rise in the base flood elevations within the floodway; or
(b) 
Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or
(c) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
(3) 
The applicant shall (as per 44 CFR 65.12):
(a) 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(b) 
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(c) 
Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(4) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
(5) 
Within any identified floodplain area (See § 600-131B.), no new construction or development shall be located within the floodway or 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 regional office.
B. 
Elevation and floodproofing requirements.
(1) 
Residential structures.
(a) 
In AE and A1-30 Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, 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 § 600-131B(3) of this chapter.
(c) 
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 to 405 as amended) shall be utilized.
(2) 
Nonresidential structures.
(a) 
In AE and A1-30 Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[1] 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[2] 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 600-131B(3) of this district.
(c) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Floodproofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(d) 
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 to 405 as amended) shall be utilized.
(3) 
Space below the lowest floor.
(a) 
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.
(b) 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Historic structures. 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.
(5) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(a) 
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.
(b) 
Floor area shall not exceed 200 square feet.
(c) 
The structure will have a low damage potential.
(d) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e) 
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(f) 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g) 
Sanitary facilities are prohibited.
(h) 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
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. 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1) 
Fill.
(a) 
Within any identified floodplain area, the use of fill shall be prohibited, unless approved as a variance. If a variance is granted and 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; and
[5] 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure 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.
(3) 
Water and sanitary sewer facilities and systems.
(a) 
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.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
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.
(d) 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the International Private Sewage Disposal Code shall be utilized.
(4) 
Other utilities. All other utilities such as gaslines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
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 § 600-132D, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7) 
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.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
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.
(9) 
Floors, walls and ceilings.
(a) 
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.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c) 
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.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
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.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
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.
(13) 
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.
(14) 
Uniform Construction Code coordination.
(a) 
The standards and specifications contained 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and supplement the requirements of this chapter.
(b) 
International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(c) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
D. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which a) will be used for the production or storage of any of the following dangerous materials or substances; or b) 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 c) will involve the production, storage, or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum and crude oil products (gasoline, fuel oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulphur and sulphur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Within any identified floodway area, any structure of the kind described in Subsection D(1), above, shall be prohibited.
(3) 
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection D(1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4) 
Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 600-132D(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation.
(5) 
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 600-132D(1), above, shall be:
(a) 
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
(b) 
Designed to prevent pollution from the structure or activity during the course of a base flood.
(6) 
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Floodproofing Regulation" (United States Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
E. 
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
F. 
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in § 600-135, then the following provisions apply:
(1) 
Recreational vehicles in Zones A, AE and A1-30 must either:
(a) 
Be on the site for fewer than 180 consecutive days; and
(b) 
Be fully licensed and ready for highway use.
A. 
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area:
(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:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(d) 
Schools.
(e) 
Day-care facilities.
(f) 
Emergency shelters.
(2) 
The commencement of, or any construction of, a new manufactured home or manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B shall apply.
B. 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any identified floodway area that would cause any increase in the base flood elevation (BFE).
(2) 
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 chapter.
(3) 
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 and/or floodproofed to the greatest extent possible.
(4) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(5) 
Within any Floodway Area/District [See § 600-131B(1).], no new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection regional office.
(6) 
Within any identified floodplain area [See § 600-131B(2).], no new construction or development shall be located 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 Regional Office.
(7) 
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.
A. 
General. If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.
B. 
Variance procedures and conditions. Requests for variances shall be considered by the Township in accordance with the following procedures and those of Article XXV of this chapter:
(1) 
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
(2) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by development which may endanger human life (§ 600-132D).
(3) 
No variance shall be granted for prohibited activities (§ 600-133).
(4) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(5) 
In granting any variance, the Township 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 chapter.
(6) 
Whenever a variance is granted, the Township shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(7) 
In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
[1] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense.
[2] 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(8) 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
C. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
A. 
General. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
B. 
Specific definitions.
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 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.
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.
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.
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.
EXISTING STRUCTURE
A structure for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing structure" may also be referred to as "existing construction."
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 hazards 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 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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(1) 
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;
(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 which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
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 chapter.
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 OR SUBDIVISION
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, mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after September 2, 2015, and includes any subsequent improvements to such structures. Any construction started after May 16, 1977, and before September 2, 2015, 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.
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 May 16, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
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 May 16, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
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 (BFE) or estimated flood height as determined using simplified methods 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 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 after 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 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
A walled and roofed building, including a gas or liquid storage tank that is principally above the ground, as well as a manufactured home.
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, 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.
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.
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.