Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the FIRM for Zones AE, AH, and A1-30
that indicates the water surface elevation resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year. The BFE is also shown on the FIS profile, and can
be determined for Zone A Floodplains.
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 subdivision of land; new construction, reconstruction, expansion,
or the placement of manufactured homes; streets and other paving;
utilities; fill; grading and excavation; mining; dredging; drilling
operations; or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FLOOD
A temporary inundation of surface water over normally dry
land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which FEMA 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 Insurance Administration
that includes flood profiles, the FIRM, the Flood Boundary and the
Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN/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.
FLOODPLAIN ADMINISTRATOR
A person, persons, or entity appointed and authorized by
the Township to administer, interpret, and enforce the provisions
of this chapter.
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.
FLOODWAY FRINGE
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood
(now referred to as the "AE Zone").
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, next
to the walls of a proposed structure, prior to construction.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
B.
Certified or preliminarily determined by the PHMC as contributing
to the historical significance of a National Register historic district
or a district preliminarily determined by the PHMC to be eligible
to qualify for listing in the National Register; or
C.
Designated as historic by a municipal ordinance:
(1)
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
(2)
Located in a local historic district that has been certified
by the PHMC as meeting the requirements of the Pennsylvania Historic
District Act.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including a
basement. An unfinished or flood-resistant enclosure, used solely
for parking of vehicles, building access, or storage in an area other
than a basement 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 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.
MINOR REPAIR
Routine maintenance and upkeep that does not involve the
cutting away of any wall, 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. A minor repair also does not include the
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.
NEW CONSTRUCTION
Any structure(s) for which construction commenced on or after
February 22, 2016, and including any subsequent improvements to such
structure(s). Any construction started after May 1, 1985, and before
February 22, 2016, 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 used 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 this chapter.
ONE-HUNDRED-YEAR FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent-frequency
flood," or the "base flood," as defined by FEMA in the FIS for the
Township.
PADCED
Pennsylvania Department of Community and Economic Development.
PADEP
Pennsylvania Department of Environmental Protection.
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 Township's
initial FIRM dated October 25, 1974, 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 Township's
initial FIRM dated October 25, 1974, 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:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck;
D.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REDEVELOPMENT AREA
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
REGULATORY FLOOD ELEVATION
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the BFE plus a freeboard of no more than one foot.
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 in all, or a designated portion of a floodplain.
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.
SPECIAL FLOODPLAIN AREA
The areas identified as Zone AE in the FIS, where one-hundred-year
flood elevations have been provided, but no floodway has been delineated.
START OF CONSTRUCTION
The date of issuance of a permit for new construction and
substantial improvements to existing structures, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of issuance.
The "actual start of construction" means the first placement of permanent
construction of a building, including a manufactured home or travel
trailer, on a site, such as the pouring of slab or footings, the installation
of piles or the construction of columns. Permanent construction does
not include land preparation, such as clearing, excavation, grading,
or filling; the installation of streets or walkways; excavation for
a basement, footings, piers, or foundations; the erection of temporary
forms; or the installation of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main building.
For a substantial improvement, the "actual start of construction"
means the date of 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, a gas/liquid storage tank that
is principally above ground, recreational vehicle or travel trailer
on a site for more than 90 days, or a dam.
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. However, 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% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage 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. For alteration of historic structures, see §
172-16D.
TOWNSHIP
Perkiomen Township and/or the Board of Supervisors of Perkiomen
Township.
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 UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the floodplain construction
standard. 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 Township'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.
WATERCOURSE
A natural or man-made channel and its banks through which
water flows from time to time.