[Ord. 190-2017, 9/13/2017]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of Honey Brook does hereby order as
follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 190-2017, 9/13/2017]
1.
Intent. The intent of this Part is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
2.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the identified floodplain
area of the Township of Honey Brook unless a permit has been obtained
from the floodplain administrator.
3.
Abrogation and Greater Restrictions. This Part supersedes any other
conflicting provisions which may be in effect in identified floodplain
areas. However, any other ordinance provisions shall remain in full
force and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this Part,
the more restrictive shall apply.
4.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this Part shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of this Part,
which shall remain in full force and effect and, for this purpose,
the provisions of this Part are hereby declared to be severable.
5.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This Part does not imply that
areas outside any identified floodplain areas, or that land uses permitted
within such areas, will be free from flooding or flood damages.
B.
This Part shall not create liability on the part of the Township
of Honey Brook or any officer or employee thereof for any flood damages
that result from reliance on this Part or any administrative decision
lawfully made thereunder.
[Ord. 190-2017, 9/13/2017]
1.
Designation of the Floodplain Administrator.
A.
The Township Zoning Officer is hereby appointed to administer and
enforce this Part and is referred to herein as the "floodplain administrator."
The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Township Engineer.
2.
Permits Required. A building permit ("permit") shall be required
before any construction or development is undertaken within the identified
floodplain area of the Township of Honey Brook.
3.
Duties and Responsibilities of the Floodplain Administrator.
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
In the case of existing structures, prior to the issuance of any
permit, the Floodplain Administrator shall review the proposed cost
of improvements or repairs and the pre-improvement market value of
the structure so that a substantial improvement/substantial damage
determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
D.
In the case of existing structures, prior to the issuance of any
permit, the Floodplain Administrator shall review the history of repairs
to the subject building so that any cumulative substantial damage
concerns can be addressed before the permit is issued.
E.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
F.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area to enforce the provisions
of this Part, either upon presentation of proper credentials and consent
of the property owner to such entry, or with a properly obtained search
warrant.
G.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
H.
The Floodplain Administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this Part, including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
I.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program as requested.
J.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this Part as the Floodplain Administrator.
K.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof, as adopted by the Commonwealth of Pennsylvania.
4.
Application Procedures and Requirements.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Honey Brook. Such
application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this Part and all
other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment, and other service facilities, have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof, as adopted
by the Commonwealth of Pennsylvania.
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 8-104, Subsection 1), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(e)
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
D.
Applications for permits shall be accompanied by a fee, payable to
the municipality, and based upon the fee schedule of Honey Brook Township,
as may be amended from time to time by the Board of Supervisors.
5.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
6.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
7.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
8.
Start of Construction.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the permit. Work shall also
be completed within 12 months after the date of issuance of the permit
or the permit shall expire unless a time extension is granted, in
writing, by the Floodplain Administrator. The issuance of a permit
does not refer to the zoning approval.
B.
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a 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/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 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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request and the original
permit is compliant with this Part and the FIRM/FIS in effect at the
time the extension is granted.
9.
Enforcement.
A.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
Part, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(5)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this Part.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this Part or who fails or refuses to
comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of Honey Brook Township shall be
guilty of a summary offense and upon conviction shall pay a fine to
the Township of Honey Brook of not less than $25, nor more than $600,
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in Chester County Prison for a period not to exceed
10 days. Each day during which any violation of this Part continues
shall constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this Part. The imposition of a fine
or penalty for any violation of, or noncompliance with, this Part
shall not excuse the violation or noncompliance or permit it to continue
and all such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this Part may be declared
by the Board of Supervisors to be a public nuisance and abatable as
such.
10.
Appeals.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
Part may appeal to the Township of Honey Brook Zoning Hearing Board.
Such appeal must be filed, in writing, within 30 days after the decision,
determination or action of the Floodplain Administrator. A fee shall
be required to be submitted with an appeal, payable to the Township
of Honey Brook and based upon the Township's fee schedule as
adopted and periodically amended by the Board of Supervisors.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall set a
time and place, within not less than 10 or not more than 30 days,
for the purpose of conducting a hearing to consider the appeal. The
hearing shall be conducted in accordance with Section 908 of the Municipalities
Planning Code.[4] The requirements of that section, including, but not limited
to, notice and posting provisions and the preparation of a stenographic
record, shall be required for such hearing. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
[4]
Editor's Note: See 35 P.S. § 10908.
[Ord. 190-2017, 9/13/2017]
1.
Identification.
A.
The identified floodplain area shall be:
(1)
Any areas of Township of Honey Brook, classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs), dated September
29, 2017, and issued by the Federal Emergency Management Agency (FEMA),
or the most-recent revision thereof, including all digital data developed
as part of the Flood Insurance Study; and
(2)
Any community-identified flood hazard areas.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township of Honey Brook
and declared to be a part of this Part.
2.
Description and Special Requirements of Identified Floodplain Areas.
The identified floodplain area shall consist of the following specific
areas:
A.
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted. No variance shall be granted.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(1)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(2)
The AE Area without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
(a)
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in an AE Zone
without floodway, unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed development, together with all other existing
and anticipated development, would not result in an increase in flood
levels within the entire community during the occurrence of the base
flood discharge.
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection's regional office.
C.
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
D.
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by a one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In Zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
E.
Community-identified flood hazard areas shall be those areas where
the Township of Honey Brook has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies. Community identified flood hazard areas include:
(1)
Any water or drainage course or body of water, and the lowlands
adjoining, which may be subject to periodic flooding or overflow.
These areas shall include all lands designated by the following soil
map symbols and mapping unit names for Chester County as designated
by the United States NRCS Soil Survey: Ba/BaB/BbB-Baile silt loam,
CpA/CpB/CqB-Cokesbury silt loam, Ha-Hatboro silt loam, Th-Thorndale
silt loam, ToA/ToB/TxB-Towhee silt loam, WaA-Watchung silt loam.
(2)
All areas which have flooded within the last 100 years as recorded or indicated by written or other objective records, such as the United States Army Corps of Engineers Survey. Where this information differs from that derived through the methods in § 8-104, Subsection 1A or 2E(1) above, the delineation covering the broadest flood hazard area shall prevail.
(3)
All areas which, by hydrological stream profile analysis conducted
by a registered professional engineer qualified in hydrology, are
calculated to be inundated during a nominal one-hundred-year frequency
flood. If such profile analysis defines a floodplain area which conflicts
with the definition contained in any portion of this section, the
area defined by the stream profile analysis shall supersede. Such
analysis shall be required prior to the approval of any subdivision
or land development plan or the issuance of any permit if, after consultation
with the Township Zoning Officer, Township Planning Commission, Township
Engineer, and United States Natural Resources Conservation Service
as applicable, the Board of Supervisors has reason to believe that
the applicant's property, or a portion thereof, is in such close
proximity to a flood hazard area as to be subject to inundation by
a one-hundred-year frequency flood. If the analysis demonstrates that
the property or a portion thereof will not be subject to such inundation,
such permits as are required shall be considered for approval, but
shall not be issued unless and until the applicant has complied with
all other applicable provisions of this section and with all other
applicable ordinances and regulations.
3.
Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 8-105, Subsection 1B, for situations where FEMA notification is required.
4.
Boundary Disputes. Should a dispute arise concerning the interpretation
of the location of any identified floodplain boundary line on a specific
property, an initial determination shall be made by the Township Floodplain
Administrator and any party aggrieved by this decision or determination
may appeal to the Township Zoning Hearing Board. The burden of proof
shall be on the appellant.
5.
Jurisdictional Boundary Changes. Prior to development occurring in
areas where annexation or other municipal/corporate boundary changes
are proposed or have occurred, the community shall review flood hazard
data affecting the lands subject to boundary changes. The community
shall adopt and enforce floodplain regulations in areas subject to
annexation or municipal/corporate boundary changes which meet or exceed
those in 44 CFR 60.3.
[Ord. 190-2017, 9/13/2017]
1.
General.
A.
Alteration or Relocation of Watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's regional office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
When Township of Honey Brook proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including, but not limited to, installing culverts and
bridges), the applicant shall (as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(2)
Upon receipt of the FEMA Administrator's conditional approval
of the map change and prior to approving the proposed encroachments,
a community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(3)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR 67.
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this Part and any other applicable
codes, ordinances and regulations.
2.
Elevation and Floodproofing Requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. Where Township zoning, Chapter 27, permits certain uses or structures within the identified floodplain area, a variance under this Part shall still be required prior to issuance of a permit. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in § 8-108, then the following provisions apply:
A.
Residential Structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including the basement) elevated
up to, or above, the regulatory flood elevation.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 8-104, Subsection 2C, of this Part.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including the basement) at or above the
highest adjacent grade at least as high as the depth number specified
on the FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405, as amended) shall be utilized, where they are more restrictive.
B.
Nonresidential Structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including the basement) elevated up to, or above, the regulatory
flood elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 8-104, Subsection 2C, of this Part.
(3)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer which states that the proposed
design and methods of construction are in conformance with the above-referenced
standards. There should be a statement submitted with the permit application
and a statement submitted with the as-built floodproofing certificate
prior to the issuance of the certificate of occupancy.
(5)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
(a)
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components, ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include, at a minimum:
(b)
Flood emergency operation plan detailing the procedures to be
followed during a flooding event, and must include information pertaining
to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
1)
An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
2)
A procedure for notification of necessary parties when flooding
threatens and flood warnings are issued. Personnel required to be
at the building should have a planned and safe means of ingress and
should have no other emergency response duties during a flood event.
Alternates should be assigned in the event that the primary persons
responsible are unable to complete their assigned duties under the
plan.
3)
A list of specific duties assigned to ensure that all responsibilities
are addressed expeditiously. The locations of materials necessary
to properly install all floodproofing components must be included
in the list.
4)
An evacuation plan for all personnel or occupants; those without
duties for the flood emergency as well as those with duties for implementing
the plan. All possible ingress and egress routes must be identified.
5)
A periodic training and exercise program to keep personnel and
occupants aware of their duties and responsibilities. Training drills
should be held at least once a year and should be coordinated with
community officials.
(6)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405, as amended) shall be utilized, where they are more restrictive.
C.
Space Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space installed
on two separate walls.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
D.
Historic Structures. The Zoning Hearing Board, through the granting
of a variance, shall have the right to modify or waive any of the
requirements of this section for any historic structure. Historic
structures undergoing repair or rehabilitation that would constitute
a substantial improvement as defined in this Part must comply with
all ordinance requirements that do not preclude the structure's
continued designation as an 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
or the State Historic Preservation Officer. The Board may seek the
opinion and guidance of persons or entities with historical expertise
regarding the appropriateness of the proposed activity in relation
to the quality and integrity of the historic structure and the degree
to which the requested modification or waiver will be essential in
preserving the structure. The Zoning Hearing Board shall weigh the
preservation benefits of the proposed activity against its potential
impact on flood heights and velocities and the flood hazards attendant
to the structure itself. Any exemption from ordinance requirements
will be the minimum necessary to preserve the historic character and
design of the structure.
3.
Design and Construction Standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
A.
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in § 8-108, then the following provisions apply:
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical foot to two horizontal feet
unless substantiated data justifying steeper slopes are submitted
to, and approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
D.
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 8-105, Subsection 4, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
L.
Equipment.
(1)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code Coordination. The Standards and specifications
contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this Part, to the extent that they are more restrictive
and supplement the requirements of this Part.
(1)
International Building Code (IBC) 2009, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Sections
R104, R105, R109, R322, Appendix E, and Appendix J.
4.
Development Which May Endanger Human Life. Within any identified
floodplain area, any structure of the kind described in Subsection
A, below, shall be prohibited. No variance shall be granted.
A.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
any of the following dangerous materials or substances on the premises;
or will involve the production, storage, or use of any amount of radioactive
substances; shall be prohibited. The following list of materials and
substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(19)
Any other materials or substances deemed hazardous by the Township
or appropriate state or federal agency.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
5.
Special Requirements for Subdivisions and Land Development. All subdivision
proposals and land development proposals in identified floodplain
areas where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision (CLOMR) and letter of map revision
(LOMR). Submittal requirements and processing fees shall be the responsibility
of the applicant.
6.
Special Requirements for Manufactured Homes.
A.
Within any identified floodplain area, new installations of manufactured
homes shall be prohibited.
B.
If an existing manufactured/mobile home is replaced with another,
within any identified floodplain area, the replacement, shall be:
C.
Equipment Requirement:
(1)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral improvement.
(2)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
D.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "United States Department of Housing and Urban
Development's" Permanent Foundations for Manufactured Housing,"
1984 Edition, draft or latest revision thereto and 34 Pa. Code Chapters
401-405 shall apply.
E.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the latest revision thereto as adopted
by the Commonwealth of Pennsylvania, and 34 Pa. Code, as amended,
where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the proposed unit's(s') installation.
[Ord. 190-2017, 9/13/2017]
1.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area:
B.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 190-2017, 9/13/2017]
2.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
BFE.
B.
No expansion or enlargement of an existing structure shall be allowed
within an AE Area/District without floodway that would, together with
all other existing and anticipated development, increase the BFE at
any point.
C.
No expansion or enlargement of an existing structure shall be allowed
within an A Area/District that would, together with all other existing
and anticipated development, increase the BFE at any point.
D.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this Part.
(1)
The applicant shall have the responsibility of determining the
percent of damage or destruction and the fair market value of the
damaged or destroyed structure at the time of its damage or destruction.
The Floodplain Administrator shall review this information, and may
call upon experts or authorities as he may deem necessary to assist
in determining a fair and impartial determination. Such costs accrued
in this determination shall be paid by the applicant.
E.
The above activity shall also address the requirements of the 34
Pa. Code, as amended and the 2009 IBC and the 2009 IRC, or most-recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
G.
Within any AE Area/District without floodway (see § 8-104, Subsection 2B), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
H.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
I.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this Part.
[Ord. 190-2017, 9/13/2017]
1.
General. If compliance with any of the requirements of this Part
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township of Honey Brook Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
2.
Variance Procedures and Conditions.
A.
Requests for variances shall be considered by the Township of Honey Brook Zoning Hearing Board in accordance with the procedures contained in § 8-103, Subsection 10, and the following:
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Township of Honey Brook Zoning
Hearing Board shall attach whatever reasonable conditions and safeguards
it considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this Part.
(6)
In reviewing any request for a variance, the Township of Honey
Brook Zoning Hearing Board shall consider, at a minimum, the following:
(7)
A complete record of all variance requests and related actions
shall be maintained by the Township of Honey Brook Zoning Hearing
Board. In addition, a report of all variances granted during the year
shall be included in the annual report to FEMA.
B.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
[Ord. 190-2017, 9/13/2017]
1.
General. Unless specifically defined below, words and phrases used
in this Part shall be interpreted so as to give this Part its most
reasonable application.
2.
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CUMULATIVE SUBSTANTIAL DAMAGE
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
A.
B.
C.
D.
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME PARK OR SUBDIVISION
MOBILE/MANUFACTURED HOME
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
A.
B.
C.
D.
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
Specific Definitions. As used in this Part, the following terms shall
have the meanings indicated:
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 the "one-percent-annual-chance flood").
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).
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.
Any area of the building having its floor below ground level
on all sides.
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.
Flood-related damages sustained by a structure on two or
more 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.
A form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
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.
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.
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).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
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.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
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, but may include additional areas identified by the community. See § 8-104, Subsections 1 and 2, for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including
the 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 Part.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
Structures for which the start of construction commenced
on or after September 29, 2017, and includes any subsequent improvements
to such structures. Any construction started after August 1, 1984,
and before September 29, 2017, 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.
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 a community.
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. When used in a penalty
provision, "person" shall include the members of such partnership,
the officers of such organization, association or corporation, and
the trustees of such trust.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM) dated August 1, 1984, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated August 1, 1984, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
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.
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 after 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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.
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.
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.
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.