This chapter shall be known as the "Building Permit Ordinance
of the Township of Weisenberg".
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 an approved building
permit has been obtained from the Building Permit Officer.
[Amended 1-5-1984 by Ord.
No. 84-2]
A. Building permits shall be required before any construction or development is undertaken within any area of the Township of Weisenberg. A building permit shall not be required for repairs to existing buildings or structures, provided that no structural changes or modifications are involved. Building permits shall also be required for any reconstruction, enlargement, alteration, raising or relocation of any building or structure. Certificates of occupancy shall be required as set forth in Chapter
500, Zoning, of the Township Code.
B. All and every person, persons, or corporation who shall propose to
erect or enlarge any dwelling, house, store, office or other building
shall, before the commencement of such an undertaking, be required
to obtain from the Township Zoning Officer (Building Permit Officer)
a building permit.
C. A permit shall be required for the construction, location, enlargement, or establishment of any building, as the term is used in Chapter
500, Zoning, unless one of the exclusions of this chapter applies.
D. This section (§
270-4) shall not apply to new constructions or enlargements of existing structures which will not exceed an area of 144 square feet.
E. A sequence of constructions or alterations which individually would lie within the exclusionary provision of §
270-4D above shall be construed in their entirety and, if it is deemed in the sound and reasonable opinion of the Township Zoning Officer (Building Permit Officer) that the person, persons or corporation responsible for such sequential constructions or alterations intended or intends to avoid the application of this chapter, and specifically §
270-4 hereof, a permit shall be required. In such case, §
270-4D of this chapter shall be devoid at any operative effect.
F. Portable structures used for animal husbandry purposes which are
on skids, such as hog shelters or poultry or calf hutches, shall not
require the issuance of a permit.
[Amended 12-3-2001 by Ord. No. 01-08]
A. The Building Permit Officer shall issue a building permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this chapter and all other
applicable codes and ordinances.
B. Prior to the issuance of any building permit the Building Permit
Officer shall review the application for permit to determine if all
other necessary governmental permits such as those required by state
and federal laws have been obtained, including those required by Act
537 of 1966, as amended, the Pennsylvania Sewage Facilities Act, the
Dam Safety and Encroachments Act, Act 325 of 1978, as amended, the
Pennsylvania Clean Streams Act, Act 394 of 1937, as amended, and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334.
No permit shall be issued until this determination has been made.
C. No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township, and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection, Regional Office, Wilkes-Barre.
D. In addition, the Federal Insurance Administrator, Federal Emergency
Management Agency (FEMA), and the Pennsylvania Emergency Management
Agency shall be notified by the Township prior to any alteration or
relocation of any watercourse.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Building Permit Officer to any
other appropriate agencies and/or individuals, including the Township
Planning Commission, the Lehigh-Northampton Counties Joint Planning
Commission, the Township Engineer, and the Lehigh County Soil Conservation
District for further review and comment.
After the issuance of a building permit by the Building Permit
Officer, 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
Building Permit Officer. Requests for any such change shall be in
writing, and shall be submitted by the applicant to the Building Permit
Officer for consideration.
In addition to the building permit, the Building Permit Officer
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the building permit, the date of its issuance and be signed
by the Building Permit Officer.
[Amended 1-5-1984 by Ord.
No. 84-2]
A. Work on any proposed project for which a permit or certificate of
occupancy is required (hereinafter "permit") shall begin within six
months after the date of issuance of the building permit or the permit
shall expire unless a time extension is granted, in writing, by the
Building Permit Officer. Construction and/or development shall be
considered to have started with the preparation of land, land clearing,
grading, filling, excavation for basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings, or the installation of sewer, gas and water pipes,
or electrical or other service lines from the street. To the extent
the structure or building for which the permit was issued has not
been fully completed within one year from the date of the issuance
of the permit, the permit shall expire at such time and the applicant
shall be required to apply for an additional and/or renewal of the
permit as is appropriate pursuant to the provisions of this chapter.
B. Permits which have been issued prior to the effective date of this
chapter shall expire one year from the effective date hereof. Whenever
the Zoning Officer is authorized or directed by the Zoning Hearing
Board to issue a permit, the Zoning Officer shall do so which permit
shall be effective as of the date of the entry of the decision or
order of the Zoning Hearing Board.
[Amended 1-5-1984 by Ord.
No. 84-2]
A. Applications for a building permit shall be accompanied by a fee,
payable to the Township in accordance with a schedule of fees adopted
by the Board of Supervisors.
B. The applicant for a building permit shall pay the initial building
permit application fees customarily charged by the Township according
to the Township's fee schedule, which schedule shall be set from time
to time by resolution by the Board of Supervisors, and the applicant
shall also reimburse the Township for professional and/or consultants
services, such as engineering services and legal fees incurred in
the processing of the building permit application, as well as any
other related expenses reasonably incurred by the Township respecting
the application. The Township may, at any time during the course of
reviewing the application, require the applicant to reimburse the
Township for costs incurred to given times or, at the Township's option,
require the applicant to place a sufficient sum in escrow (said sum
to be determine solely by the Township) to cover the costs and fees
which the Township estimates it will reasonably incur during the processing
and review of the application.
[Amended 12-3-2001 by Ord. No. 01-08; 3-11-2002 by Ord. No. 02-01; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
The identified floodplain area shall be those areas of the Township
of Weisenberg which are subject to the 100-year flood, as identified
in the Flood Insurance Study (FIS) dated July 16, 2004, and the accompanying
maps prepared for the Township by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof.
The identified floodplain area may be revised or modified by
the Board of Supervisors where studies or information provided by
a qualified agency or person documents the need or possibility for
such revision. However prior to any such change, approval must be
obtained from the Federal Insurance and Mitigation Administration
(FIMA).
Should a dispute arise concerning any identified floodplain
boundary, an initial determination shall be made by the Building Permit
Officer and any person aggrieved by such decision may appeal to the
Board of Supervisors. The burden of proof shall be on the appellant.
[Amended 12-3-2001 by Ord. No. 01-08]
A. In the identified floodplain area, the development and/or use of
any land shall be permitted provided that the development and/or use
complies with the restrictions and requirements of this chapter and
all other applicable codes and ordinances in force in the municipality.
B. Within any identified floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse, unless a permit is obtained from the
Department of Environmental Protection, Regional Office, Wilkes-Barre.
C. Within any floodway area, no new construction or development shall
be permitted that would cause any increase in the 100-year flood elevation.
D. Fully enclosed space below the lowest floor (including basement)
is prohibited.
E. Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either by certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
(1) A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that the permit the automatic entry and exit
of floodwaters.
F. Accessory structures.
(1) Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material and equipment related to the principal use or activity.
(b)
Floor area shall not exceed 600 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring and outlets will be at least 1 1/2
feet above the 100-year flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces on the walls.
(i)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
Minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
The following minimum standards shall apply for all construction
proposed to be undertaken within any identified floodplain area:
A. Fill. If fill is used, it shall:
(1) Extend laterally at least 15 feet beyond the building line from all
points;
(2) Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(3) Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4) Be no steeper than one vertical to two horizontal, unless substantiated
data, justifying steeper slopes are submitted to, and approved by
the Building Permit Officer; and
(5) Be used to the extent to which it does not adversely affect adjacent
properties.
B. Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure 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 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 sewage 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.
D. Other utilities. All other utilities such as gaslines, 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 §
270-23, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
[Amended 12-3-2001 by Ord. No. 01-08]
G. Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H. Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2) All air ducts, large pipes, storage tanks and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I. Floors, walls and ceilings.
(1) Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain without causing structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J. Paints and adhesives.
(1) Paints or other finishes used at or below the regulatory flood elevation
shall be of a marine or water-resistant quality.
(2) Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant quality.
(3) All wooden components (doors, trim cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finishing material.
K. Electrical components.
(1) Electrical distribution panels shall be at least three feet above
the 100-year flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be
dropped from above.
L. Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other mechanical or utility equipment or apparatus shall
not be located below the regulatory flood elevation.
M. Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
[Amended 12-3-2001 by Ord. No. 01-08]
A. Within any identified floodplain area, all manufactured homes and
any additions thereto shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
B. Where permitted within any identified floodplain area, all manufactured
homes and additions thereto shall be:
(1) Anchored to resist flotation, collapse, or lateral movement by providing
over-the-top and frame ties to ground anchors in accordance with the
American National Standards as specified in the Standard for the Installation
of Mobile Homes Including Mobile Home Park Requirements [NFPA No.
501A-1974 (ANSI A119.3-1975)], as amended for Mobile Homes in Hurricane
Zones, or other appropriate standards such as the following:
(a)
Over-the-top ties shall be provided at each of the four corners
of the manufactured home, with two additional ties per side at intermediate
locations for units 50 feet or more in length, and one additional
tie per side for units less than 50 feet in length.
(b)
Frame ties shall be provided at each corner of the manufactured
home, with five additional ties per side at intermediate locations
for units 50 feet or more in length, and four additional ties per
side for units less than 50 feet in length.
(c)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(2) Elevated in accordance with the following requirements:
(a)
The stands or lots shall be elevated on compacted fill or on
pilings so that the lowest floor of the manufactured home will be
1 1/2 feet or more above the elevation of the 100-year flood.
(b)
Adequate surface drainage is provided.
(c)
Adequate access for a hauler is provided.
(d)
Where pilings are used for elevation, the lots shall be large
enough to permit steps; piling foundations shall be placed in stable
soil no more than 10 feet apart; reinforcement shall be provided for
pilings that will extend for six feet or more above the ground level.
(3) Placed on a permanent foundation.
C. An evacuation plan indicating alternate vehicular access and escape
routes shall be filed with the appropriate Township Manager for manufactured
home parks and manufactured home subdivisions.
Structures existing in any identified floodprone area prior
to the enactment of this chapter but which are not in compliance with
these provisions may continue to remain subject to the following:
A. Existing structures located in any identified floodway area 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. Notwithstanding any provision of this chapter to the contrary, 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
chapter.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with the Pennsylvania Emergency Management Agency's
administrative regulations implementing Act 166 of 1978, the Pennsylvania
Flood Plain Management Act, the following obstructions and activities are prohibited
if located entirely or partially within an identified floodplain area
unless a special permit is issued:
A. Hospitals (public or private).
B. Nursing homes (public or private).
D. New manufactured home parks and manufactured home subdivisions and
substantial improvements to them or existing manufactured home parks.
Upon receipt of an application for a special permit by the Township the following procedures shall apply in addition to those of §§
270-4,
270-5,
270-6,
270-7,
270-8,
270-9,
270-10,
270-11,
270-12,
270-13,
270-14, and
270-15:
A. Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the Lehigh Valley Planning Commission by registered
or certified mail 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.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
B. If an application is received that is incomplete the Township shall
notify the applicant, in writing, stating in what respects 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 Pennsylvania Emergency Management Agency, by registered or certified
mail, within five working days after the date of approval.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
E. Before issuing the special permit, the Township shall allow the Pennsylvania
Emergency Management Agency 30 days after receipt of the notification
by the Department to review the application and the decision made
by the Township.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
F. If the Township does not receive any communication from the Pennsylvania
Emergency Management Agency during the thirty-day review period, it
may issue a special permit to the applicant.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
G. If the Pennsylvania Emergency Management Agency 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.
[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
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.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
[Added 12-3-2001 by Ord.
No. 01-08]
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.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure including
the placement of manufactured homes.
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.
[Amended 12-3-2001 by Ord. No. 01-08]
ESSENTIALLY DRY SPACE
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.
FLOOD
A temporary inundation of normally dry land areas.
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 designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude.
[Added 12-3-2001 by Ord.
No. 01-08]
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 with historic preservation programs 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 programs 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
The floodplain area specifically identified in this chapter
as being inundated by the 100-year flood.
[Added 12-3-2001 by Ord.
No. 01-08]
LAND DEVELOPMENT
Any of the following activities:
[Amended 12-3-2001 by Ord. No. 01-08]
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; or
LOWEST POINT
The lowest point of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage in an area other than a basement area, is not considered the
lowest point 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 chapter.
[Added 12-3-2001 by Ord.
No. 01-08]
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term does not include recreational
vehicles or travel trailers.
[Amended 12-3-2001 by Ord. No. 01-08]
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
[Amended 12-3-2001 by Ord. No. 01-08]
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.
[Amended 12-3-2001 by Ord. No. 01-08]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after March 4, 1982, and including subsequent improvements thereto.
[Added 12-3-2001 by Ord.
No. 01-08; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across,
or projecting into any channel, watercourse, or floodprone area, which
may impede, retard, or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water
or is placed where the flow of the water might carry the same downstream
to the damage of life and property.
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.
[Added 12-3-2001 by Ord.
No. 01-08]
RECREATIONAL VEHICLE
A vehicle which is:
[Added 12-3-2001 by Ord.
No. 01-08]
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projection;
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.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and substantial improvements
to such existing parks, when such development is located in all or
a designated portion of a floodplain.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, and other similar items.
SUBDIVISION
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.
[Amended 1-5-1984 by Ord.
No. 84-2; 12-3-2001 by Ord. No. 01-08]
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before damage condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 12-3-2001 by Ord.
No. 01-08]
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"
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 12-3-2001 by Ord.
No. 01-08]
A.
Any project for improvement of a structure to correct existing
violations of state or local heath, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to ensure safe living conditions;
or
B.
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
[Amended 12-3-2001 by Ord. No. 01-08]
This chapter 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 chapter, the more restrictive
shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
The provisions of this chapter shall become effective five days
following enactment of this chapter.