[Ord. No. 1245, 8/21/2023]
When used in this chapter, the words, terms, and phrases in §
8-302 shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise.
[Ord. No. 1245, 8/21/2023]
100-YEAR FLOOD
A flood that has a 1% chance of being equaled or exceeded
in any given 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.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" "1% annual chance
flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (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.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
BOROUGH OF EMMAUS BUILDING CODE
The administration and enforcement of the provisions of the
Pennsylvania Construction Code Act, Act 45 of 1999, and the Uniform Construction Code, contained in 34 Pa.
Code, Chapters 401 through 405, as amended from time to time, was
adopted and incorporated herein by reference as the municipal building
code of the Borough of Emmaus.
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.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
A letter outlining FEMA comment on a proposed project that
would, upon construction, affect the hydrologic or hydraulic characteristics
of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective base flood elevations (BFEs), or
the floodplain. The letter does not revise an NFIP map.
COST OF IMPROVEMENT
Cost that includes both the structural and finish or labor
and materials, minus those required to meet floodproofing and flood
elevation regulations and the cost of permits. This includes lighting
fixtures, built-in appliances, interior moldings, paneling, tiling,
wall-to-wall carpet over subflooring, built-in cabinets, etc. The
cost to demolish undamaged building components must be established
and included.
COST OF RECONSTRUCTION
Cost that includes both the structural and finish or labor
and materials, minus those required to meet floodproofing and flood
elevation regulations, and the cost of permits, to reproduce by new
construction the exact form and detail of a structure, or a part thereof,
as it appeared at a specific period of time.
CRITICAL FACILITIES
Any structure or facility that is identified in the current
Lehigh Valley Hazard Mitigation Plan as a "critical facility" or that
produces, uses, or stores highly volatile, flammable, explosive, toxic
and/or water-reactive materials; hospitals, nursing homes, and housing
likely to contain occupants who may not be sufficiently mobile to
avoid death or injury during a flood; police stations, fire stations,
vehicle equipment storage facilities and emergency operations centers
that are needed for flood response activities before, during, and
after a flood; or public and private utility facilities that are vital
to maintaining or restoring normal services to flooded areas before,
during, and after a flood.
CURRENT COST
A basis of valuation which values an asset at the amount
which it would currently cost to obtain.
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.
ENCROACHMENT
Construction, placement of fill, or similar alteration of
topography in the floodplain that reduces the area available to convey
floodwaters.
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
this chapter.
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 the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FEMA
Federal Emergency Management Agency.
FILL
Man-made deposits of natural soil or rock product.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the FIRM, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN ADMINISTRATOR
The municipal official responsible for implementing and enforcing
this chapter and monitoring floodplain development in the Borough
of Emmaus.
FLOODPLAIN AREA
The relatively flat or low land area which is subject to
partial or complete inundation from an adjoining or nearby stream,
river, or watercourse; and/or any area subject to the unusual and
rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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 a) listed individually in the National
Register of Historic Places (a listing maintained by the Department
of the Interior) or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as meeting the criteria for individual
listing on the National Register; b) 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 c) designated as historic by a municipal ordinance where
it is identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code or located in a local historic district that has been
certified by the PHMC as meeting the requirements of the Pennsylvania
Historic District Act.
LETTER OF MAP AMENDMENT
The official amendment, by letter, to an effective National
Flood Insurance Program (NFIP) map by FEMA.
LETTER OF MAP REVISION
The official revision, by letter, to an effective National
Flood Insurance Program (NFIP) map by FEMA.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
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 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.
MANURE
The animal excrement, including poultry litter, which is
produced at an agricultural operation, it includes materials such
as bedding and raw materials which are commingled with that excrement.
MANURE STOCKPILE
A storage pile of manure accumulated for future use that
is not confined within a manure storage facility.
MANURE STORAGE FACILITY
A permanent structure or pond, a portion of a structure or
pond, or a group of structures or ponds at one agricultural operation,
utilized for the purpose of containing manure or agricultural process
wastewater. This includes concrete, metal or other fabricated tanks
and underground structures, as well as earthen and synthetically lined
manure storage ponds.
MARKET VALUE
The most probable price which a property should bring in
a competitive and open market under all conditions requisite to a
fair sale; the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus.
MINIMIZE
To reduce to the smallest amount or extent possible. "Minimize"
shall not mean complete elimination but shall require that the most
substantial efforts possible under the circumstances have been taken
to reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include but not be limited to the requirement that
the placement of dwellings and other structures and the locations
of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the
activity in question to the smallest amount possible under the circumstances
consistent with otherwise permitted development.
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 of, 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.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
A federal program created by Congress in 1968 to mitigate
future flood losses through sound, community-enforced building, and
zoning ordinances and to provide access to affordable, federally backed
flood insurance protection for property owners.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective start date of this chapter and includes
any subsequent improvements to such structures. Any construction started
after June 7, 1976 and before the effective start date of this floodplain
management chapter 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 the effective date
of this chapter.
PA DCED
Pennsylvania Department of Economic Development.
PA DEP
Pennsylvania Department of Environmental Protection.
PARTIALLY DAMAGED STRUCTURE
A structure that has sustained damage from any cause whereby
the cost of restoring the structure to its before-damaged condition
is less than 50% of the market value of the structure before the damage
occurred.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or after the community's initial FIRM dated September
1, 1977, whichever is later, and as such, would be required to be
compliant with the regulations of the NFIP.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred before the community's initial FIRM dated September
1, 1977, whichever is later, and as such, would not be required to
be compliant with the regulations of the NFIP.
RECONSTRUCTION
The act or process of reproducing by new construction the
exact form and detail of a structure or a part thereof, as it appeared
at a specific period of time.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis not more than
400 square feet, measured at the largest horizontal projections, designed
to be self-propelled or permanently towable by a light-duty truck
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REDEVELOPMENT
The removal and replacement, rehabilitation, or adaptive
reuse of an existing structure or structures, or of vacant but formerly
developed land.
REGULATORY FLOOD ELEVATION (RFE)
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 base flood elevation (BFE) plus a freeboard of
1.5 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.
RESIDENTIAL STORAGE FACILITY
An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for storage
of their household goods or personal property.
SEVERE REPETITIVE LOSS STRUCTURE
As determined by FEMA, a residential structure that is covered
under flood insurance by the NFIP and has incurred flood-related damage
for which four or more separate claim payments have been paid under
flood insurance coverage with the amount of each claim payment exceeding
$5,000 and with cumulative amount of such claim payments exceeding
$20,000.
SPECIAL FLOOD HAZARD AREA
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on FIRM maps as Zone A,
AO, A1-A30, AE, A99 or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days 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" 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/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.
STORAGE
Depository, stockpiling or safekeeping of materials, products,
or items.
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 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 repetitive loss, 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.
SUBSTANTIALLY DAMAGED STRUCTURE
A structure that has sustained damage from any cause 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.
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.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
WAREHOUSE
A structure used primarily for the storage and distribution
of goods, merchandise, supplies, and equipment.
WATERCOURSE
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow. Man-made swales, constructed specifically
for stormwater management purposes, are excluded from this definition.