1. General. Unless specifically defined below, words and phrases used in this Chapter shall be interpreted so as to give this Chapter its most reasonable application.
2. Specific Definitions.
ACCESSORY BUILDING OR USE - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. [Ord. 531]
BASE FLOOD - a flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the “one hundred (100) year flood” or one percent (1%) annual chance flood). [Ord. 531]
BASE FLOOD ELEVATION - the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year. [Ord. 531]
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.
BUILDING CODE - the Building Code of Hanover Township, Lehigh County, Chapter 4, Part 2, of the Statutory Code of Hanover Township and as it may be hereafter amended.
BUILDING PERMIT - a permit issued pursuant to the Building Code.
BUILDING OFFICIAL - the building official designated pursuant to the Building Code.
COMMUNITY IDENTIFIED FLOOD HAZARD AREA - refer to § 104(2)(E) of this Chapter for definition. [Ord. 531]
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.
COUNCIL - Hanover Township, Lehigh County, Council.
DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renova tion, 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.
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.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION - a manufactured home park or manufactured home 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 the Township. [Ord. 531]
EXISTING STRUCTURE - a structure for which the “start of construction” commenced before the effective date of the FIRM (or before January 1, 1975, for FIRMs effective before that date). [Ord. 531]
FLOOD - a temporary inundation of normally dry land areas.
FIRM (FLOOD INSURANCE RATE MAP) - 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 Township. [Ord. 531]
FIS (FLOOD INSURANCE STUDY)- 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. [Ord. 531]
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 accumula tion 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 one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot. [Ord. 531]
HISTORIC STRUCTURE - any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 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;
(3) Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or,
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved State program as determined by the Secretary of the Interior; or,
(b) Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA - the floodplain area specifically identified in accordance with § 104 of this Chapter.
LAND DEVELOPMENT - any of the following activities:
(1) The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two (2) or more residential or nonresiden tial buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(b) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(2) A subdivision of land.
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 non-elevation design requirements of this Chapter.
MANUFACTURED HOME - a structure, transportable in one (1) 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 one hundred eighty (180) consecutive days.
MANUFACTURED HOME PARK OR MANUFACTURED HONE SUBDIVISION - a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. [Ord. 531]
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 Township’s initial Flood Insurance Rate Map (FIRM) which was adopted on June 25, 1976, by the Township and includes any subsequent improvements to such structures. [Ord. 531]
NEW MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or manufactured home 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 the adoption of the most recent floodplain management regulations adopted by the Township. [Ord. 531]
ONE HUNDRED (100) YEAR FLOOD - a flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has one percent (1%) chance of occurring each year, although the flood may occur in any year).
ONE HUNDRED (100) YEAR FLOOD DISCHARGE - the volume of water resulting from a one hundred (100) year flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs). [Ord. 531]
ONE HUNDRED (100) YEAR FLOOD ELEVATION - the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that includes the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year. [Ord. 531]
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. [Ord. 531]
RECREATIONAL VEHICLE - a vehicle which is:
(1) Built on a single chassis.
(2) Not more than four hundred (400) square feet, measured at the largest horizontal projections.
(3) Designed to be self-propelled or permanently towable by a light-duty truck.
(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 one hundred (100) year flood elevation or estimated flood height using simplified methods plus a freeboard safety factor of one and one-half (1½) feet.
REPETITIVE LOSS - flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damages occurred. [Ord. 531]
SPECIAL FLOOD HAZARD AREA (SFHA) - an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-30, AE, A99, or AH. [Ord. 531]
START OF CONSTRUCTION - includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit and shall be completed within twelve (12) months after the date of issuance of the building 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 or 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. [Ord. 531]
STRUCTURE - anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, a gas or liquid storage tank that is principally above ground, and other similar items. This term includes any manmade object having an ascertainable stationary location on or in land or water whether or not affixed to land.
SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any means into two (2) 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 ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE - the Hanover Township Subdivision and Land Development Ordinance [Chapter 22] of the Statutory Code of Hanover Township, as it may be amended hereafter.
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 fifty percent (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 fifty percent (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:
(1) 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 Enforce ment Official and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
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 Uniform Construction 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. [Ord. 531]
VIOLATION - the failure of a structure or other development to be fully compliant with the Township’s floodplain management regulations. [Ord. 531]
ZONING ORDINANCE - the Hanover Township Zoning Ordinance [Chapter 27] of the Statutory Code of Hanover Township, and as it may be amended hereafter.
(Ord. 414, 1/16/2002, Pt. 8; as amended by Ord. 531, 2/15/2012)