As used in this article, certain terms are defined as follows:
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.
ALLUVIAL SOILS MAPS
Soils maps prepared by the United States Department of Agriculture,
Soil Conservation Service which indicate the location of soil types.
Alluvial soils on these maps are soils of floodplains that are sediment
deposits washed from upland areas. The presence of an alluvial soil
indicates that the land has been flooded at some previous point in
time.
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 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 occupancy.
CONSTRUCTION
Includes the building, reconstruction, extension, expansion,
alteration, substantial improvement, erection or relocation of a building
or structure, including manufactured homes, and gas or liquid storage
tanks. For floodplain purposes, "new construction" includes structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by the municipality.
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME 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, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads).
FLOOD
A general and temporary inundation of normally dry land areas
by water from waterway overflows or the unusual and rapid accumulation
or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration 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 area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Dept. of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register.
B.
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.
C.
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.
D.
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.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basements). 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
non-elevation design requirements of this Zoning 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 connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
(1) all mobile homes and (2) camping trailers, recreational vehicles,
travel trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days.
MANUFACTURED HOME PARK AND/OR SUBDIVISION
A lot or area which is a planned development and designated
to contain two or more manufactured homes for rent or for sale. Any
lot or area proposed to utilize such design where individual manufactured
home sites are proposed for sale shall be known as a manufactured
home subdivision.
MARKET VALUE
For the purposes of this Zoning Code, shall be determined
utilizing the market value established by the Lebanon County Tax Assessment
Office.
MINOR REPAIR
The replacement of existing work with the 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 exit way 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 or mechanical
or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after June 5, 2012, and indicates any subsequent improvements
to such structures. Any construction started after December 4, 1979,
and before June 5, 2012, is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 90 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 the 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.
RECREATIONAL VEHICLE
A vehicular-type of portable structure which is (1) built
on a single chassis, (2) 400 square feet or less when measured at
the largest horizontal projection, (3) self-propelled or mounted on
or drawn by another vehicle, and (4) primarily designed as temporary
living accommodations for recreation, camping or travel or seasonal
use and not as a permanent dwelling. The term recreational vehicle
includes, but is not limited to, travel trailers, camping trailers,
truck campers and self-propelled motor homes.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zones A,
AO, A1-30, 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 from the date
of the permit and shall be completed within one year 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 slabs 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 as
part of the main structure. For a structure without a basement or
poured footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its piling
or foundation. 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 (principally above ground), a manufactured home, or any other
man-made object usually assembled of interdependent parts or components
which is designed to have a more or less fixed location, whether or
not permanently attached at that location.
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
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"
regardless of the actual repair work performed. The term does not,
however, include any project for the improvement of a structure to
correct existing violations of the 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. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
Zoning Code, 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 of the State Historic Preservation
Officer. Any exemption from the ordinance requirements will be the
minimum necessary to preserve the historic character and design of
the structure.
TOXIC MATERIALS
The following materials and substances, which are listed
in Section 38.7 of the Department of Community and Economic Development
Floodplain Management regulations, adopted pursuant to the Pennsylvania
Flood Plain Management Act (Act 1978-166) have been determined to
be dangerous to human life:
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.).
O.
Pesticides (including insecticides, fungicides, and rodenticides).
Q.
Sulfur and sulfur products.
R.
Radioactive substances, insofar as such substances are not otherwise
regulated.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether 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)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided.