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.
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. Manufactured homes and trailers to be used
for human habitation are included in this definition.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD HAZARD DISTRICT
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood, also referred to
in this chapter as the identified floodplain area.
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 structure which reduce or eliminate flood
damage to real estate or improved real property, water, and sanitary
facilities, structures, and their contents.
FLOODWAY
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior), or
preliminary 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 historical 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
(1)
By an approved state program, as determined by the Secretary
of the Interior.
(2)
Directly by the Secretary of the Interior in states without
approved programs
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood, also referred to
in this chapter as the Flood Hazard District.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot, or two or more contiguous lots,
tracts, or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
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 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 transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for occupancy, except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition, or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements, nor do 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 and general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after March 7, 1984, and includes any subsequent improvements
thereto.
ONE HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
RECREATIONAL VEHICLE
A vehicle which is, (1) built on a single chassis; (2) 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; and (4) not designed for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
STRUCTURE
Anything constructed or erected on the round or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, devisees, transfer of ownership, or building
for 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, 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 either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions
B.
Any alteration of a "historic structure," provided the alteration
will not preclude the structure's continued designation as a
"historic structure."
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 Township, 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 construction standard applicable
within the commonwealth for floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and IBC.