The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
as amended by Act 65 of 2022, 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 Commissioners of the Township of Upper Allen does hereby order
as follows.
This article shall be known and may be cited as the "Upper Allen
Township Floodplain Management Regulations."
The intent of this article 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.
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 Township unless the appropriate
development permit has been obtained from the Floodplain Administrator,
their designee, or any other authorized Township official.
This article 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 article, the more restrictive
shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
Building and/or zoning permits shall be required before any
construction or development is undertaken within any area of the Township.
A copy of all applications and the E&S plan for any proposed
construction or development in an identified floodplain area to be
considered for approval shall be submitted by the Floodplain Administrator
to the Cumberland County Conservation District (CCCD) for review to
determine erosion and sediment control plan compliance with 25 Pa.
Code Chapter 102 prior to the issuance of a permit. The applicant
shall be responsible for any additional fees required by the CCCD.
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,
Township Engineer, Fire Department, Fire Marshal, County Planning
Commission, DCNR, etc.) for their review and comment. The applicant
shall be responsible for any additional fees required by such outside
agencies and/or individuals.
After the issuance of a building and/or zoning permit, 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 permit-issuing Township
official(s). Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator,
or their designee, for consideration.
In addition to the permit, a placard shall be issued, 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 and the date of its issuance and be signed by the appropriate
reviewing Township official(s).
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 unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(2)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection (DEP) regional office.
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)
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 analyses 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 (DEP) regional office.
C. A Area/District.
(1)
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.
(2)
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 1%-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 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.
The identified floodplain area may be revised or modified by the Board of Commissioners 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 §
245-10.23B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township Zoning
Officer, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board, with the approval of FEMA.
The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other 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 corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A. Fill.
(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 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.
(2)
No fill shall be permitted in a floodway.
(3)
A written request including a completed permit application form shall be submitted in accordance with §
245-10.10 herein. In addition, the following shall be submitted:
(a)
Plans showing the location of the floodplain boundary line and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities.
(b)
Location and amount of fill, including existing and proposed
grading of the lot or area affected.
(c)
A statement, certified by a registered professional engineer
or other qualified person, which contains a complete and accurate
description of the nature and extent of the use of fill and how such
fill will affect adjacent properties.
(d)
Any other information which the municipality and/or agency considered
necessary for adequate review of the application.
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 #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 §
245-10.26, Development that 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. The following shall not be placed or caused to be placed in identified
flood-prone areas: fences, except two-wire fences, other structures
or other matter which may impede, retard or change the direction of
the flow of water, or that will catch or collect debris carried by
such water, or that are placed where the natural flow of the stream
or floodwaters would carry the same downstream to the damage or detriment
of either public or private property adjacent to the flood-prone areas.
I. 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.
J. 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.
K. 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. Electrical components.
(1)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(2)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
M. 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.
N. 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.
O. Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions, shall apply to the above
and other sections and subsections of this article, to the extent
that they are more restrictive and supplement the requirements of
this article.
(1)
International Building Code (IBC) 2018 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 Code (IRC) 2018 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections R104,
R105, R109, R322, Appendix E, and Appendix J.
All subdivision proposals and land development proposals containing
at least 20 lots or at least three acres, whichever is the lesser,
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.
In accordance with the administrative regulations originally
adopted by the Department of Community and Economic Development to
implement the Pennsylvania Flood Plain Management Act, as amended, to be further adopted or amended by the Pennsylvania Emergency
Management Agency in consultation with the Department of Environmental
Protection as required by the Act, the following activities shall
be prohibited within any identified floodplain area unless a special
permit has been issued by the Township:
A. The commencement of any of the following activities, or the construction,
enlargement, or expansion of any structure used, or intended to be
used, for any of the following activities:
B. The commencement of, or any construction of, a new manufactured/mobile
home park or manufactured/mobile home subdivision, or substantial
improvement to an existing manufactured/mobile home park or manufactured/mobile
home subdivision.
Applicants for special permits shall provide five copies of
the following items:
A. A written request, including a completed permit application form.
B. A small-scale map showing the vicinity in which the proposed site
is located.
C. 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:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, driveways, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D. Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4)
Detailed information concerning any proposed floodproofing measures,
including the flood emergency operation plan and the inspection and
maintenance plan;
(5)
Cross-section drawings for all proposed streets, driveways,
other accessways, and parking areas, showing all rights-of-way and
pavement widths;
(6)
Profile drawings for all proposed streets, driveways, and vehicular
accessways, including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E. The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
(4)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(7)
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;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to those of §§
245-10.36 and
245-10.37:
A. Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
may be forwarded to the County Planning Commission by registered or
certified mail, or other acceptable method, for its review and recommendations.
Copies of the application shall also be forwarded to the Township
Planning Commission and the Township Engineer for review and comment.
B. If an application is received that is incomplete, the Township shall
notify the applicant in writing, stating in what respect the application
is deficient.
C. If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D. If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Department of Community and Economic Development, by registered
or certified mail, within five working days after the date of approval.
E. Before issuing the special permit, the Township shall allow the Department
of Community and Economic Development 30 days, after receipt of the
notification by the agency, to review the application and decision
made by the Township.
F. If the Township does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special permit to the applicant.
G. If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Township and the
applicant, in writing, of the reasons for the disapproval, and the
Township shall not issue the special permit.
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of §
245-10.35 shall apply.
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 identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in §
245-10.19C. AE areas outside the floodway are exempt from this requirement.
B. 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 article.
C. The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2018 IBC and the 2018 IRC, or most recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
D. Within any floodway area/district (See §
245-10.19A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection (DEP) regional office.
E. Within any AE Area/District without floodway (See §
245-10.19B), 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 (DEP) regional office.
F. 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.
G. Any modification, alteration, reconstruction, or improvement of any
kind occurring as a result of cumulative substantial damage, as defined
in this article, shall be undertaken only in full compliance with
the provisions of this article.
H. Within any special flood hazard area/district, no new construction or development shall be located within an area measured one 100 feet landward from the top-of-bank of the Yellow Breeches Creek, in accordance with Article
XIII.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in §
245-10.17 and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In the A Area/District, BFEs are determined using the methodology in §
245-10.19C. AE areas outside the floodway are exempt from this requirement.
B. No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
C. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§§
245-10.30 through
245-10.33) or to development that may endanger human life (§
245-10.26).
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the 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 article.
F. Whenever a variance is granted, the Zoning Hearing Board shall notify
the applicant in writing that:
(1)
The granting of the variance may result in increased premium
rates for flood insurance.
(2)
Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will neither:
(a)
Result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety, or extraordinary public expense;
nor
(b)
Create nuisances, cause fraud on or victimize the public, or
conflict with any other applicable state or local ordinances and regulations.
H. A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to FEMA.
I. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
Unless specifically defined below, words and phrases used in
this article shall be interpreted so as to give this article its most
reasonable application.
As used in this article, 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 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or 1%-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 1% 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 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.
CUMULATIVE SUBSTANTIAL DAMAGE
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.
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
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.
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.
FEMA
The Federal Emergency Management Agency.
FLOOD
A temporary inundation 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 hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land 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:
A.
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;
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 which have been approved by the Secretary of the Interior;
or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
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, but may include additional areas identified by the community. See §§
245-10.18 and
245-10.19 for the specifics on what areas the community has included in the identified floodplain area.
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; or
(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.
LOW DAMAGE POTENTIAL
Where structures are designed and/or located in a manner
that if inundated by floodwaters results in minimal damage to the
structure and its contents. When considering flood-related damage,
the elements of physical damage, contents damage, and loss of function
shall be considered along with any other requirements as defined in
FEMA's Bulletin P-2140, as amended.
LOWEST FLOOR
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 article.
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.
MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
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.
MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING
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).
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 or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
MARKET VALUE
The price for which the asset or property is sold on a given
market.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after February 15, 1980, and before the effective
start date of this floodplain management article 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.
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 December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM) dated February 15, 1980, whichever
is later, 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 December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated February 15, 1980, whichever
is later, 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:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck;
D.
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. The freeboard safety factor also applies to utilities
and ductwork.
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-A-30, AE, A99, or AH.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks/subdivisions and substantial
improvements to such existing parks, when such development is located
in all, or a designated portion, of a floodplain.
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 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.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, walled and/or roofed
buildings, sheds, manufactured homes, and other similar items. This
term includes a gas or liquid storage tank that is principally above
ground, as well as a manufactured home. This term also 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 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 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 the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
VARIANCE
A grant of relief by a community 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), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.