Specific definitions applicable to §§
500-19 through
500-25 of this chapter:
ACCESSORY STRUCTURE OR USE
A structure or use on the same lot with and of a nature customarily
incidental and subordinate to the principal structure or use.
APPLICANT
A landowner or developer who undertakes construction or development
within areas of Avis Borough that are subject to flooding.
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.
COMPLETELY DRY
Refers to a space within a structure that will remain totally
dry during flooding; the structure is designed and constructed to
prevent the passage of water and water vapor.
CUMULATIVE SUBSTANTIAL DAMAGE
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.
DEVELOPER
An individual, public or private association or corporation,
partnership, association, municipality or political subdivision of
the Commonwealth of Pennsylvania, public utility, institution, authority,
firm, trust, estate, receiver, guardian, personal representative,
successor, joint venture, joint stock company, fiduciary, department,
agency or instrumentality of state, federal or local government or
an agent or employee thereof, or any other legal entity who undertakes
construction or development within areas of Avis Borough that are
subject to flooding.
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 Avis Borough.
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).
FEMA
Federal Emergency Management Agency.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the Special Flood Hazard Areas (SFHAs)
and the risk premium zones applicable to Avis Borough.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map
(FIRM), 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.
FLOODPROOF
Any work or activity that involves structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that 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 STRUCTURE
Any structure that is:
(1)
Listed individually in 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
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.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which Avis Borough has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area (SFHA) on the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS), but may include additional areas identified by Avis Borough (please refer to §
500-21A and
B of this chapter for areas that Avis Borough has included in the identified floodplain area).
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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; or
(b)
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.
(3)
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.
LETTER OF MAP AMENDMENT (LOMA)
An amendment to the currently effective FEMA map which establishes
that a property is not located in a Special Flood Hazard Area (SFHA).
A LOMA is issued only by FEMA.
LETTER OF MAP REVISION (LOMR)
An official amendment to the currently effective FEMA map.
It is issued by FEMA and changes flood zones, delineations, and elevations.
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 §§
500-19 through
500-26.
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.
MUNICIPAL ENGINEER
A registered professional engineer appointed by Avis Borough
to provide municipal engineering services.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
The program of flood insurance coverage and floodplain management
administered under the National Flood Insurance Act of 1968 (and any
amendments thereof) and applicable federal regulations promulgated
in Title 44 of the Code of Federal Regulations, Subchapter B.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of §§
500-19 through
500-26 and includes any subsequent improvements to such structures. Any construction started after January 16, 1980, and before the effective start date of §§
500-19 through
500-26 is subject to the ordinance in effect at the time the floodplain development compliance certificate was issued, provided the start of construction was within 180 days of issuance of the floodplain development compliance certificate.
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 Avis Borough.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)
The North American Vertical Datum of 1988 is the vertical
control datum of orthometric height established for vertical control
surveying in the United States of America based upon the general adjustment
of the North American Datum of 1988.
PERSON
An individual, public or private association or corporation,
partnership, association, municipality or political subdivision of
the Commonwealth of Pennsylvania, public utility, institution, authority,
firm, trust, estate, receiver, guardian, personal representative,
successor, joint venture, joint stock company, fiduciary, department,
agency or instrumentality of state, federal or local government or
an agent or employee thereof, or any other legal entity who undertakes
construction or development within areas of Avis Borough that are
subject to flooding.
POST-FIRM STRUCTURE
Is a structure for which construction or substantial improvement
occurred after December 31, 1974 or on or after Avis Borough's
initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program (NFIP).
PRE-FIRM STRUCTURE
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974 or before Avis Borough's
initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program (NFIP).
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 recreation, camping, travel, or seasonal use.
REGISTERED PROFESSIONAL ENGINEER
An individual currently licensed and registered under the
laws of the Commonwealth of Pennsylvania to engage in the practice
of engineering.
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 1% 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 floodplain development compliance certificate
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 floodplain development compliance certificate
and shall be completed within 12 months after the date of issuance
of the floodplain development compliance certificate 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 structures, 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 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 ADDITIONS TO MANUFACTURED HOME PARKS
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction, or improvement of the streets, utilities,
and pads will equal or exceed 50% of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement is started.
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 cumulative 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 Avis Borough, 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.
VARIANCE
A grant of relief by Avis Borough from the terms of a floodplain
management regulation.
VIOLATION
The failure of a structure or other development to be fully
compliant with Avis Borough'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.