A.Â
Unless specifically defined below, terms and phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
B.Â
Rules of interpretation. In this chapter, the following rules of
interpretation shall be used:
(1)Â
Terms used in the present tense shall include the future tense.
(2)Â
Terms used in the singular include the plural and vice versa.
(3)Â
The terms "should" and "may" are permissive; the terms "shall"
and "will" are mandatory.
(4)Â
The masculine gender includes the feminine and neuter. The feminine
gender includes the neuter and masculine. The neuter gender includes
both feminine and masculine.
(5)Â
The terms "building" or "structure" shall be construed as if
followed by the phrase "or part thereof" or "portion thereof."
For the purposes of this chapter, the following terms shall
have the following meanings:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the FIRMs for Zone AE that indicates
the water surface elevation resulting from a flood that has a one-percent
or greater chance of being equaled or exceeded in any given year.
The BFE is also shown on the FIS profile, and can be determined for
Zone A floodplains.
Any area of the building having its floor below ground level
on all sides.
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.
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;
Fill;
Grading and excavation;
Mining;
Dredging;
Drilling operations; or
Storage of equipment or materials.
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.
A structure for which the start of construction commenced
before the latest effective date of the FIRMs for the Township of
Lower Moreland.
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).
A temporary inundation of normally dry land areas.
The Official Map on which FEMA or FIA has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the FIA that includes flood
profiles, the FIRMs, the Flood Boundary and Floodway Map, and the
water surface elevation of the base flood.
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.
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.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the US DOI) or preliminarily determined by
the PHMC as meeting the criteria for individual listing on the National
Register;
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
Designated as "historic" by a municipal ordinance:
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 or partition;
Removal or cutting of any structural beam or bearing support;
Removal or change of any required means of egress;
Rearrangement of parts of a structure affecting the exitway
requirements; nor
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.
Structures for which the start of construction commenced
on or after April 14, 2014, the effective start date of this chapter[2] and includes any subsequent improvements to such structures.
Any construction started after March 1, 1978, and before April 14,
2014, the effective start date of this 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.
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 April 14, 2014,
the effective date of this chapter adopted by the Township of Lower
Moreland.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent frequency
flood" or the "base flood," as defined by FEMA in the FIS for Lower
Moreland Township.
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.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after Lower Moreland Township's
initial FIRMs dated March 1, 1978, whichever is later, and, as such,
would be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before Lower Moreland
Township's initial FIRMs dated March 1, 1978, and, as such, would
not be required to be compliant with the regulations of the NFIP.
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.
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 1Â 1/2 feet.
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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRMs as
"Zone A" or "Zone AE."
The areas identified as "Zone AE" in the FIS, where one-hundred-year
flood elevations have been provided.
A special approval which is required for hospitals, nursing
homes, jails, new manufactured home parks and subdivisions, and substantial
improvements to such existing parks, when such development is located
in all or a designated portion of a floodplain.
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 principal 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
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.
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.
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" 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 which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Standards for alteration of historic structures are set forth in Article 5 of this chapter relating to historic structures in § 108-507, Improvements to existing structures (in FCD), Subsection D, Historic structures.
The Board of Commissioners of the Township of Lower Moreland.
A qualified, professional engineer licensed and registered
to practice in the Commonwealth of Pennsylvania, designated by the LMT BOC to furnish professional
and technical assistance for the administration of this chapter.
The body corporate of Lower Moreland Township, Montgomery
County, Pennsylvania, may also be referenced as "the Township."
The Planning Commission of the Township of Lower Moreland.
The attorney licensed to practice in the Commonwealth of
Pennsylvania, designated by the LMT BOC to furnish professional and
legal assistance for the administration of this chapter.
The Zoning Hearing Board of the Township of Lower Moreland.
The duly constituted municipal official designated by the LMT BOC to administer and enforce Chapter 208, Zoning, in accordance with its literal terms.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the Township of Lower Moreland, a third party
or the Department of Labor and Industry. Applicable to residential
and commercial buildings, the code adopted the IRC and the IBC, by
reference, as the construction standard applicable to state floodplain
construction. For coordination purposes, references to the above are
made specifically to various sections of the IRC and the IBC.
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.
For the purposes of this chapter, the abbreviations shall include
the following:
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ASCE: The American Society of Civil Engineers, or any successor
organization.
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BFE: See "base flood elevation."[1]
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CLOMR: Conditional letter of map revision.
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FCD: Floodplain Conservation District.
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FEMA: The Federal Emergency Management Agency, or any successor
agency.
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FIA: The Federal Insurance Administration, or any successor
agency.
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FIRM: See "Flood Insurance Rate Map."[2]
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FIS: See "Flood Insurance Study."[3]
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IBC: The most recent version of the International Building Code as referenced in the PA UCC as adopted pursuant to Chapter 82, Building Construction, of the Lower Moreland Township Codified Ordinances.
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IRC: The most recent version of the International Residential Code as referenced in the PA UCC as adopted pursuant to Chapter 82, Building Construction, of the Lower Moreland Township Codified Ordinances.
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LMT BOC: See "Township Board of Commissioners."[4]
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LMT PC: See "Township Planning Commission."[5]
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LMT ZHB: See "Township Zoning Hearing Board."[6]
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LOMR: Letter of map revision.
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MCCD: The Montgomery County Conservation District, or any successor
agency.
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MCPC: The Montgomery County Planning Commission, or any successor
agency.
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MPC: The most recent version of the Pennsylvania Municipalities
Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[7]
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NAVD: North American Vertical Datum.
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NFIP: The National Flood Insurance Program, or any successor
program.
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PA DCED: The Pennsylvania Department of Community and Economic
Development, or any successor agency.
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PA DEP: The Pennsylvania Department of Environmental Protection,
or any successor agency.
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PA UCC: See "Uniform Construction Code."[8]
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PHMC: The Pennsylvania Historical and Museum Commission, or
any successor agency.
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RFE: See "regulatory flood elevation."[9]
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SFHA: See "special flood hazard area."[10]
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US ACE: The United States Army Corps of Engineers, or any successor
agency.
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USDA-NRCS: The United States Department of Agriculture-Natural
Resources Conservation Service, or any successor agency.
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US DOI: The United States Department of the Interior, or any
successor agency.
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US HUD: The United States Department of Housing and Urban Development,
or any successor agency.
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[7]
Editor's Note: See 53 P.S. § 10101 et seq.
