[Ord. 277, 2/10/2015]
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
[Ord. 277, 2/10/2015]
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"
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, 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.
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 a roof which is used for the shelter or enclosure of persons,
animals or property. Included shall be all manufactured homes and
trailers to be used for human habitation.
CONSTRUCTION (NEW)
Structures for which the start of construction commenced
on or after March 16, 2015, the effective start date of this floodplain
regulation adopted by East Rockhill Township, and includes any subsequent
improvements to such structures. Any construction started after July
11, 1977, and before March 16, 2015, is subject to the ordinance in
effect at the time the permit was issued, provided that the start
of construction was within 180 days of permit issuance.
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.
FLOOD
A temporary inundation by surface water 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 hazard 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 (FLOODPLAIN)
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 any area subject to the unusual and rapid accumulation
of surface waters from any source.
FLOODPLAIN 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.
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 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 on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register; or
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; or
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
that has been certified either:
A.
By an approved state program determined by the Secretary of
the Interior; or
B.
Directly by the Secretary of the interior in states without
approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study and additional areas identified by the Township. Refer to §§
8-401 and
8-402 for the specifics on what areas the Township has included in the identified floodplain area.
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 (MOBILE) HOME PARK OR SUBDIVISION (EXISTING)
A manufactured (mobile) home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured (mobile) 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 East Rockhill Township.
MANUFACTURED HOME PARK OR SUBDIVISION (NEW)
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 for the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION
The preparation of additional sites at an existing manufactured
home park or subdivision 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).
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 or mechanical
or other work affecting public health or general safety.
MOBILE HOME (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.
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 August 1, 1977, 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 August 1, 1977, 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; and
2.
Not more than 400 square feet, measured at the largest horizontal
projections; and
3.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
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.
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 from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit, unless a time extension is granted, in
writing, by the floodplain administrator. The "actual start" means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a 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 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 (EXISTING)
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."
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally above 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.
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, 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 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
standards applicable with state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
USE OR STRUCTURE, ACCESSORY
A use or structure located on the same lot with, and of a
nature customarily incidental and subordinate to, a principal use
or structure and clearly incidental or subordinate to, and in connection
with, the principal use or structure.
VARIANCE
A grant of relief, by the East Rockhill Township Zoning Hearing
Board, from the terms of a floodplain management regulation.
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), (c)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.