Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
As used in this chapter, 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 a 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 and AH, and 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. "Building" includes, but is not limited to, all manufactured homes and mobile homes to be used for human habitation.
COMMUNITY IDENTIFIED FLOOD HAZARD AREA (CIFHA)
Any land identified within a local flood study as being within an area subject to flooding.
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 floodplain management 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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites within an existing manufactured home park or subdivision by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA
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 hazard 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 ADMINISTRATOR
The municipal official delegated the responsibility of administering and enforcing the requirements of this chapter.
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, as well as any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN MANAGEMENT PERMIT
A permit issued by the floodplain administrator that certifies that proposed development within the identified floodplain area complies with the applicable requirements of this chapter.
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 STRUCTURES
Any structure that meets at least one of the following conditions:
A. 
Structures that are listed individually on the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the United States Department of the Interior as meeting the requirements for individual listing on the National Register.
B. 
Structures that are certified or preliminarily determined by the Secretary of the United States Department 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. 
Structures that are listed individually on a state inventory of historic places, where such listing has been approved by the Secretary of the United States Department of the Interior.
D. 
Structures that are listed individually on a local inventory of historic places where such local inventory has been certified by at least one of the following:
(1) 
An approved state program as determined by the Secretary of the United States Department of the Interior.
(2) 
The Secretary of the United States Department of the Interior.
IDENTIFIED FLOODPLAIN AREA
All of the areas within which the floodplain regulations of this chapter are applied. The identified floodplain area includes the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study and may include additional areas identified by the Township of Germany.
LOWEST FLOOR
The lowest fully enclosed area (including basement) of a building or structure. 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 in a manner that renders the structure in violation of the applicable nonelevation design requirements of this chapter.
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. The term also includes a mobile home, as defined in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. The term includes a mobile home park, as defined in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter, including any subsequent improvements to such structures. Any construction started after July 4, 1988, and before the effective start date of this chapter is subject to the ordinance in effect at the time the floodplain management permit was issued, provided the start of construction was within 180 days of floodplain management permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.
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
Any 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 July 4, 1988, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
Any 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 July 4, 1988, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
Any vehicle which meets the following conditions.
A. 
Built on a single chassis.
B. 
Comprised of 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. 
Designed for use as temporary living quarters for recreational, camping, travel, or seasonal purposes, but not as a permanent dwelling.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE), or the estimated flood height as determined using simplified methods, plus a freeboard safety factor of 1 1/2 feet.
SPECIAL FLOOD HAZARD AREA (SFHA)
Any 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, AE, or AH.
START OF CONSTRUCTION
The point in time at which substantial improvement and other proposed new development begins following the date that the floodplain management permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days after the date of the floodplain management permit and is completed within 12 months after the date of issuance of the floodplain management 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
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" 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, established by the Pennsylvania Construction Code Act (Act of November 10, 1999, P.L. 491, No. 45, as amended),[2] and applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Pennsylvania 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 to state floodplain construction.
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation. The term includes a variance as defined in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[3]
VIOLATION
The failure of a structure or other development to be fully compliant with the floodplain management regulations of this chapter. 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.
WATERCOURSE
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WET FLOODPROOFING
Includes permanent or contingent measures applied to a structure or its contents that prevent or provide resistance to damage from flooding while allowing floodwaters to enter the structure or area. Generally, this includes properly anchoring the structure, using flood-resistant materials below the base flood elevation (BFE), protection of mechanical and utility equipment, and use of openings or breakaway walls.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.