[1]
Editor's Note: Ordinance No. 732-C, adopted 6-20-2000,
amended all references to the "Pennsylvania Department of Community
Affairs" to read "Pennsylvania Department of Community and Economic
Development" throughout this article.
A.
Applicability. These provisions shall apply to all lands within the
jurisdiction of the Borough of Cheswick and shown as being located
within the boundaries of the designated floodplain district(s).
B.
Compliance. No structure or land shall hereafter be used, and no
structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered except in full compliance with the
terms and provisions of this article and any other applicable ordinances
and regulations which may apply to uses within the jurisdiction of
this article.
A.
Description of districts.
(1)
Basis of districts. The various floodplain districts shall include
areas subject to inundation by waters of the 100-year flood. The basis
for the delineation of these districts shall be the most recent Flood
Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) of July
5, 2000, or the most recent revision thereof.
[Amended 8-21-1990 by Ord. No. 676-C; 12-19-1995 by Ord. No. 700-C; 6-20-2000 by Ord. No. 732-C]
(a)
The FW (floodway area) is delineated for purposes of this chapter
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the 100-year flood more than
one foot at any point. The areas included in this area are defined
in the Floodway Data Table contained in the Flood Insurance Study
as prepared by the FEMA and shown on the accompanying FIRM.
(b)
The FFA (flood-fringe area) shall be that area of the 100-year
floodplain not included in the floodway. The basis for the outermost
boundary of this area shall be the 100-year-flood elevations contained
in the flood profiles provided in the FIS.
(2)
Overlay concept.
(a)
The floodplain districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map,[2] and as such, the provisions for the floodplain districts
shall serve as a supplement to the underlying district provisions.
[2]
Editor's Note: The Zoning Map is on file in the Borough
offices.
(b)
Where there happens to be any conflict between the provisions
or requirements of any of the floodplain districts and those of any
underlying districts, the more restrictive provisions and/or those
pertaining to the floodplain districts shall apply.
B.
Zoning Map. The boundaries of the floodplain district are delineated
on the map entitled "Flood Insurance Rate Map" (FIRM) which is part
of the Flood Insurance Study (FIS) prepared by the Federal Insurance
Administration, dated July 5, 2000, or the most recent revision thereof.
The FIRM is declared to be a part of both this chapter and the Official
Zoning Map of the Borough of Cheswick.
[Amended 12-19-1995 by Ord. No. 700-C; 2-20-1996 by Ord. No. 703-C; 6-20-2000 by Ord. No. 732-C]
C.
District boundary changes. The delineation of any of the floodplain
districts may be revised by the Borough Council where natural or other
changes have occurred and/or more detailed studies, conducted or undertaken
by the United States Army Corps of Engineers or other qualified agencies
or individuals, document the basis for such change. However, prior
to any such change, approval must be obtained from the Federal Insurance
Administration (FIA).
D.
Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination in accordance with the provisions of Article VIII.
A.
Applicability of regulations.
(1)
All uses, activities and developments occurring within any floodplain
district shall be undertaken only in strict compliance with the provisions
of this article, other applicable requirements of this chapter and
other ordinances of the Borough. In addition, all such uses, activities
and developments shall be undertaken only in compliance with federal
or state law, including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. § 1334.
(2)
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainageway or any other drainage facility or system.
B.
Permitted uses. In the floodplain districts, the development and/or
use of land shall be permitted in accordance with the regulations
of the underlying district, subject to the following:
(1)
In the floodway district, no development shall be permitted except
where any rise in flood heights caused by the proposed development
will be fully offset by accompanying improvements which have been
approved by all appropriate local, state and federal authorities as
required above.
(2)
No manufactured home, whether used for residential or commercial
purposes, shall be permitted in the floodway district.
[Amended 12-19-1995 by Ord. No. 700-C]
(3)
Development and/or use of land shall be permitted in the floodplain
districts only in strict compliance with the elevation and related
provisions of this article and all other applicable codes and ordinances.
(4)
No new construction shall be allowed unless a permit is obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. Within any special floodplain area, no new construction
or development shall be permitted unless it is demonstrated that the
cumulative effect of the proposed development when combined with all
other existing and anticipated development will not increase the elevation
of the 100-year flood more than one foot at any point. Within any
special floodplain area or general floodplain area, no new construction
or development shall be permitted within an area measured 50 feet
landward from the top-of-bank of any watercourse, unless a permit
is obtained from the Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands.
[Added 6-20-2000 by Ord.
No. 732-C]
A.
Residential structures. Within any floodplain district, any new construction
or substantial improvement of a residential structure shall have the
lowest floor, including basement, constructed at or above the 100-year
flood elevation.
[Amended 12-19-1995 by Ord. No. 700-C]
B.
Nonresidential structures.
[Amended 12-16-1986 by Ord. No. 657; approved 12-16-1986]
(1)
Within any floodplain district, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor,
including basement, at least 1 1/2 feet above the 100-year flood
elevation or designed and constructed so that the space enclosed by
such structure shall remain completely or essentially dry during any
flood up to that height.
[Amended 12-19-1995 by Ord. No. 700-C]
(2)
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated to at least 1 1/2 feet above the 100-year-flood
elevation shall be floodproofed in a completely or essentially dry
manner in accordance with the W1 or W2 space classification standards
contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972), 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 or architect which states that the proposed
design and methods of construction are in conformance with the above-referenced
standards.[2]
[Amended 8-21-1990 by Ord. No. 676-C; 2-20-1996 by Ord. No. 703-C]
C.
Drainage facilities. Adequate storm drainage shall be provided for development within a floodplain district in accordance with the requirements of Article IV of this chapter. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure drainage at all points along streets and provide positive drainage away from all buildings. The system also shall be designed to prevent the discharge of excess runoff onto adjacent properties.[3]
D.
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities and private package sewer treatment plants (including all
pumping stations and collection systems) shall be designed to minimize
or eliminate infiltration of floodwaters. In addition, they should
be located and constructed to minimize or eliminate flood damage and
impairment.[4]
E.
Water facilities (potable). All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and be located and constructed to minimize or eliminate
flood damages.
F.
Utilities. All utilities, such as gas lines, electrical and telephone
systems, being placed in flood-prone areas shall be located and constructed
to minimize the chance of impairment during a flood period.
G.
Anchoring. Within any floodplain district, all buildings and structures
shall be firmly anchored in accordance with the United States Army
Corps of Engineers floodproofing regulations, as amended, to prevent
flotation, collapse or lateral movement.
H.
Materials. All materials and utility equipment used shall be resistant
to flood damage as required by the United States Army Corps of Engineers
floodproofing regulations, as amended.
I.
Development which may endanger human life.[5]
(1)
The provisions of this section shall be applicable, in addition to
any other applicable provisions of this article, or any other ordinance,
code or regulation.
(2)
In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the Pennsylvania Department
of Community and Economic Development as required by the Act, the
provisions of this section shall apply to:
(a)
Any new or substantially improved structure which will be used
for the production of storage of any of the substances listed below;
or
(b)
Any use which will require the maintenance on the premises of
a supply of more than 550 gallons, or other comparable volume, of
any of the materials specified below or any amount of radioactive
substances. The substances subject to the provisions of this section
are:
[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]
Sulfur and sulfur products.
[17]
Pesticides (including insecticides, fungicides
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(3)
Within any floodway district, any structure of the kind described in Subsection I(2) above shall be prohibited.
(4)
Requirements for structures.
(a)
Where permitted within any flood-fringe district or general floodplain district, any structure of the kind described in Subsection I(2) above shall be:
(b)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication of Flood-Proofing Regulations (United States Army
Corps of Engineers, June 1972), or with some other equivalent watertight
standard.
(5)
Within any general floodplain district, any structure of the kind described in Subsection I(2) above shall be prohibited within the area measured 50 feet landward from the top of the bank of any watercourse.
J.
Paints and adhesives.[8]
[Added 6-20-2000 by Ord.
No. 732-C]
(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.) shall be finished
with a marine or water-resistant paint or other finishing material.
[Amended 12-19-1995 by Ord. No. 700-C]
Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Such areas shall be used solely for parking of a vehicle,
building access or storage in an area other than a basement. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
A.
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
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.
Structures existing in any designated floodplain district prior
to February 19, 1980, but which are not in compliance with these provisions,
may continue to remain, subject to the United States Army Corps of
Engineers Flood-Proofing Regulations, as amended, and also subject
to the following:
A.
Existing structures located in a designated floodway district shall
not be expanded or enlarged, unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
25% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
C.
Any modification, alteration, construction or improvement of any
kind to an existing structure, to an extent or amount of 25% or more
of its market value, shall be considered a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this chapter. This also includes a structure which has been damaged
to an extent whereby the cost of restoring it to its before-damaged
condition would equal or exceed 25% or more of the market value of
the structure before the damage occurred, regardless of the actual
repair work performed.
[Amended 12-19-1995 by Ord. No. 700-C; 2-20-1996 by Ord. No. 703-C]
A.
Permit required. A zoning permit shall be required for all construction
and development in any floodplain district, including the erection,
moving, extension, structural alteration or development of existing
structures. In addition to the application requirements contained
in other articles of this chapter, the following information shall
be included in an application for construction or development in any
floodplain district:
(1)
A site plan which details the existing and proposed structures, contours
and/or elevations of the ground every two feet, as well as the surrounding
area of at least 50 feet as prepared from a site study.
(2)
The 100-year flood elevation and the elevation of the lowest floor
of any proposed structures.
(3)
If a proposed nonresidential structure is to be floodproofed, certification
from a registered engineer or architect that the floodproofing methods
are adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the 100-year
flood, as per the United States Army Corps of Engineers Flood-Proofing
Regulations, as amended. Detailed information on the level of floodproofing
must be retained by the Borough.
[Amended 12-19-1995 by Ord. No. 700-C]
(4)
If the proposed development is to be located within the floodway
district, a certification from a registered engineer that the development
will not cause any increase in the 100-year flood levels within the
community, or that any such increase will be fully offset by accompanying
watercourse improvements.
(5)
In addition to the above requirements, each applicant shall file with each application and each application shall include the information required by § 158-38B(1) through (4).
[Added 10-17-1995 by Ord.
No. 699-C]
B.
Other permit issuance requirements. Prior to the issuance of any
permit in a floodplain district, the Zoning Officer shall review the
application for permit to determine if any other necessary governmental
permits, such as those required by state and federal laws, have been
obtained, including those required by Act 537, the Pennsylvania Sewage
Facilities Act, the Pennsylvania Dam Safety and Encroachment Act of
1978,[2] and the Federal Water Pollution Control Act amendments
of 1972, Section 404, U.S.C. § 1334. No permit shall be
issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
and 32 P.S. § 693-1 et seq., respectively.
C.
Watercourse alterations.
(1)
Prior to any proposed alteration or relocation of a watercourse,
the developer proposing such modification shall obtain a permit from
the Pennsylvania Department of Environmental Resources, Bureau of
Dams and Waterways Management. Furthermore, the developer shall notify
the Pennsylvania Department of Community and Economic Development
and all affected communities by certified mail prior to such proposed
alterations and shall submit copies of such notification to the Borough
Zoning Officer and the Federal Insurance Administration.
(2)
In addition, the developer shall assure the Council of the Borough
of Cheswick, in writing, that the flood-carrying capacity within the
altered or relocated portion of the watercourse shall be maintained.
A.
Activities requiring special permit. In accordance with the Pennsylvania
Flood Plain Management Act[1] and regulations adopted by the Pennsylvania Department
of Community and Economic Development as required by the Act, the
following obstructions and activities are permitted in a floodplain
district only by special permit:
(1)
Hospitals, public or private.
(2)
Nursing homes, public or private.
(3)
Jails.
(4)
New mobile home parks and mobile home subdivisions and substantial
improvements to existing mobile home parks.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application requirements. Applicants for special permits shall provide
five copies of the following items:
(1)
A written request, including a completed zoning permit application
form.
(2)
A small-scale map showing the vicinity in which the proposed site
is located.
(3)
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)
Topography based upon the National Geodetic Vertical Datum of
1929, showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres and square feet.
(d)
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction and elevations.
(e)
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.
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the 100-year flood elevations and information
concerning the flow of water, including direction and velocities.
(g)
The location of all proposed buildings, structures, utilities
and any other improvements.
(h)
Any other information which the Borough considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the 100-year
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other
accessways and parking areas, showing all rights-of-way and pavement
widths.
(f)
Profile drawings for all proposed streets, drives and vehicular
accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(5)
The following data and information also shall be provided:
(a)
Certification from the applicant that the activity or development
as proposed is an existing separate and single parcel, owned by the
applicant or the client that he represents.
(b)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction had been adequately
designed to protect against damage from the 100-year flood.
(c)
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
the 100-year flood, including a statement concerning the effects such
pollution may have on human life.
(d)
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 100-year
flood elevations and flows.
(e)
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 100-year flood elevation and the effects such materials and debris
may have on the 100-year flood elevation and flows.
(f)
The appropriate component of the Department of Environmental
Resources planning module for land development.
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
100-year flood.
C.
Application review procedures. Upon receipt of an application for
a special permit by the Borough, the following procedure shall apply,
in addition to all other applicable permit procedures which are already
established:
(1)
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application also shall be forwarded to the Borough Planning Commission
and Borough Engineer for review and comment.
(2)
If an application is received that is incomplete, the Borough shall
notify the applicant, in writing, stating in what respects the application
is deficient.
(3)
If the Borough decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
(4)
If the Borough approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Pennsylvania Department of Community and Economic Development,
by registered mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Borough shall allow the Pennsylvania
Department of Community and Economic Development 30 days, after receipt
of the notification by the Department, to review the application and
the decision made by the Borough.
(6)
If the Borough does not receive any communication from the Pennsylvania
Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Pennsylvania Department of Community and Economic Development
should desire to disapprove an application, it shall notify the Borough
and the applicant, in writing, of the reasons for the disapproval,
and the Borough shall not issue the special permit.
D.
Technical requirements for development requiring a special permit.
In addition to any other applicable requirements, the following provisions
shall also apply to the activities requiring a special permit. If
there is any conflict between any of the following requirements and
any otherwise applicable provisions, the more restrictive provision
shall apply.
(1)
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
[1]
The structure will survive inundation by waters of the 100-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the 100-year flood
elevation.
[2]
The lowest floor elevation (including basement) will be at least
1 1/2 feet above the 100-year flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the 100-year
flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life and property.
(2)
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or other persons with 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 details to allow a thorough
technical review by the Borough and the Pennsylvania Department of
Community and Economic Development.
E.
Prohibition of structures within specified areas. Within any identified floodplain areas, any structures of the kind described in Subsection A shall be prohibited within the area measured 50 feet landward from the top of the bank of any watercourse.
F.
Prohibition of issuing variance. Except for a possible modification
of the freeboard requirement involved, no variance shall be granted
for any of the other requirements of this section.
No variances or special exceptions shall be granted by the Zoning
Hearing Board in the floodplain districts designated by this article.
[Amended 12-16-1986 by Ord. No. 657]
No manufactured home, whether used for residential or commercial
purposes, shall be permitted in the floodplain districts as designated
by this article.
[Amended 12-16-1986 by Ord. No. 657]
The following are special definitions which shall be used in
making reasonable interpretations of the provisions contained in this
article:
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A use or structure on the same lot with and incidental or
subordinate to the principal use.
[Added 6-20-2000 by Ord.
No. 732-C]
Any area of the building having its floor below ground level
on all sides.
[Added 10-17-1995 by Ord.
No. 699-C]
A combination of materials to form a permanent structure
having walls and a roof.
[Added 6-20-2000 by Ord.
No. 732-C]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Repealed 12-19-1995 by Ord. No. 700-C]
Those floodplain districts specifically designated as being
inundated primarily by the 100-year flood. Included would be the areas
identified as floodway districts (FW) and flood-fringe districts (FF).
Any man-made changes to improved or unimproved real property,
including but not limited to construction, reconstruction, renovation,
repair, expansion or alteration of buildings or structures, and including
streets or other paving, filling, grading, excavation, dredging, drilling,
storage of equipment or materials and the subdivision of land.
[Amended 12-19-1995 by Ord. No. 700-C; 6-20-2000 by Ord. No. 732-C]
A space which will remain dry during flooding except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
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.
[Added 10-17-1995 by Ord.
No. 699-C]
Any combination of structural and nonstructural 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 designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
code, the floodway shall be capable of accommodating a flood of the
100-year magnitude.
[Added 10-17-1995 by Ord.
No. 699-C]
[Added 6-20-2000 by Ord. No. 732-C]
Listed in the National Register of Historic Places or preliminarily
determined to meet the requirements for listing in the National Register;
Certified to or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a registered
historic district;
Individually listed in a state or local inventory of historic
places.
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article.
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 connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days.
[Amended 12-19-1995 by Ord. No. 700-C]
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for nontransient use.
Structures for which the start of construction, as herein
defined, commenced on or after February 19, 1980, and includes any
subsequent improvements to such structures.
[Added 12-19-1995 by Ord.
No. 700-C]
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projection; designed
to be self-propelled or permanently towable by a light-duty truck;
designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
[Added 12-19-1995 by Ord.
No. 70-C]
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such parks, when such development is located
in all or a designated portion of a floodplain.
[Added 12-19-1995 by Ord.
No. 700-C]
Includes substantial improvements and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on the site, such
as the pouring of slabs 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, or the installation of sewer, gas and water
pipes or electrical or other service lines from the street.
A walled and roofed building, including a gas or liquid storage
tank, as well as a manufactured home.
[Added 12-19-1995 by Ord.
No. 700-C]
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 is presumed to
be in violation until such time as documentation is provided.
