As used in this article, the following terms shall have the meanings
indicated:
100-YEAR FLOOD
The flood having a 1% chance of being equaled or exceed in
any given year. Also referred to as the "1%-annual-chance flood,"
or the "base flood," as defined by FEMA in the FIS for the Borough
of East Greenville.
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").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the FIRM for Zones AE, AH, and 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. The BFE is also shown on the Flood Insurance Study (FIS)
profile, and can be determined for Zone A floodplains.
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; 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; dredging, drilling,
or drilling operations; or storage of equipment or materials.
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 by 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).
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas by water.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which FEMA or the Federal Insurance Administration
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 Flood Insurance Administration
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 that 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 or nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
FLOODWAY FRINGE
The part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the 100-year flood.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
or preliminarily determined by the Pennsylvania Historical and Museum
Commission (PHMC) as meeting the criteria for individual listing on
the National Register;
(2)
Certified or preliminarily determined by the PHMC as contributing
to the historical significance of a National Register, historic district,
or a district preliminarily determined by the PHMC to be eligible
to qualify for listing in the National Register; or
(3)
Designated as historic by a municipal ordinance:
(a)
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
(b)
Located in a local historic district that has been certified
by the PHMC as meeting the requirements of the Pennsylvania Historic
District Act.
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 connected to the required utilities. The
term includes park trailers, travel trailers, recreation, and other
similar vehicles, which are placed on a site for more than 180 consecutive
days.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof; the removal
or cutting of any structural beam or bearing support; or the removal
or change of any required means of egress; or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article, including any subsequent improvements to such structures.
Any construction started November 6, 1978, 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.
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 November 6, 1978.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever that 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 FIRM, dated April 4, 2014, whichever is later, and as such
would be required to be compliant with the regulations of the National
Flood Insurance Program (NFIP).
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM, dated April 4, 2014, and as such would not be required
to be compliant with the regulations of the NFIP.
RECREATIONAL VEHICLE
A vehicle that is:
(1)
Built on a single chassis;
(2)
Not more than 400 square feet, measured at the largest horizontal
projections;
(3)
Designed to be self-propelled or permanently towable by a light-duty
truck; and
(4)
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the BFE plus a freeboard of 1 1/2 feet.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
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 Zones A,
AE, AH, AO, A1 through A30, and A99.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions or
substantial improvements to such existing parks or subdivisions, when
such development is located in all, or a designated portion, of a
floodplain.
START OF CONSTRUCTION
The date the permit was issued for construction, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days from
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 of construction
means either the first placement or 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/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, and anchoring,
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 devisers, 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% 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 that have incurred substantial damage (or repetitive loss when a repetitive loss provision is used) 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 that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions. For alteration of historic structures, see §
95-179.5D(3).
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.
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 certification, or other evidence of compliance required in 44
CFR 60.3(b)(5) is presumed to be in violation until such time as that
documentation is provided.