Cheswick City Zoning Code
ARTICLE V
Floodplain Management Standards 1
§ 158-32 General provisions. [1]
A.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Borough of Cheswick and shown as being located within the boundaries of the designated floodplain district(s).
B.
Compliance. No structure or land shall hereafter be used, and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which may apply to uses within the jurisdiction of this article.
§ 158-33 Establishment of floodplain districts. [1]
A.
Description of districts.
(1)
Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) of July 5, 2000, or the most recent revision thereof.
[Amended 8-21-1990 by Ord. No. 676-C; 12-19-1995 by Ord. No. 700-C; 6-20-2000 by Ord. No. 732-C]
(a)
The FW (floodway area) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood more than one foot at any point. The areas included in this area are defined in the Floodway Data Table contained in the Flood Insurance Study as prepared by the FEMA and shown on the accompanying FIRM.
(b)
The FFA (flood-fringe area) shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of this area shall be the 100-year-flood elevations contained in the flood profiles provided in the FIS.
(2)
Overlay concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map,[2] and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
[2]
Editor's Note: The Zoning Map is on file in the Borough offices.
(b)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying districts, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
B.
Zoning Map. The boundaries of the floodplain district are delineated on the map entitled "Flood Insurance Rate Map" (FIRM) which is part of the Flood Insurance Study (FIS) prepared by the Federal Insurance Administration, dated July 5, 2000, or the most recent revision thereof. The FIRM is declared to be a part of both this chapter and the Official Zoning Map of the Borough of Cheswick.
[Amended 12-19-1995 by Ord. No. 700-C; 2-20-1996 by Ord. No. 703-C; 6-20-2000 by Ord. No. 732-C]
C.
District boundary changes. The delineation of any of the floodplain districts may be revised by the Borough Council where natural or other changes have occurred and/or more detailed studies, conducted or undertaken by the United States Army Corps of Engineers or other qualified agencies or individuals, document the basis for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
D.
Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination in accordance with the provisions of Article VIII.
§ 158-34 District provisions. [1]
A.
Applicability of regulations.
(1)
All uses, activities and developments occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this article, other applicable requirements of this chapter and other ordinances of the Borough. In addition, all such uses, activities and developments shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
(2)
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainageway or any other drainage facility or system.
B.
Permitted uses. In the floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, subject to the following:
(1)
In the floodway district, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, state and federal authorities as required above.
(2)
No manufactured home, whether used for residential or commercial purposes, shall be permitted in the floodway district.
[Amended 12-19-1995 by Ord. No. 700-C]
(3)
Development and/or use of land shall be permitted in the floodplain districts only in strict compliance with the elevation and related provisions of this article and all other applicable codes and ordinances.
(4)
No new construction shall be allowed unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. Within any special floodplain area, no new construction or development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the elevation of the 100-year flood more than one foot at any point. Within any special floodplain area or general floodplain area, no new construction or development shall be permitted within an area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
[Added 6-20-2000 by Ord. No. 732-C]
§ 158-35 Elevation, floodproofing and construction standards. [1]
A.
Residential structures. Within any floodplain district, any new construction or substantial improvement of a residential structure shall have the lowest floor, including basement, constructed at or above the 100-year flood elevation.
[Amended 12-19-1995 by Ord. No. 700-C]
B.
Nonresidential structures.
[Amended 12-16-1986 by Ord. No. 657; approved 12-16-1986]
(1)
Within any floodplain district, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor, including basement, at least 1 1/2 feet above the 100-year flood elevation or designed and constructed so that the space enclosed by such structure shall remain completely or essentially dry during any flood up to that height.
[Amended 12-19-1995 by Ord. No. 700-C]
(2)
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the 100-year-flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.[2]
[Amended 8-21-1990 by Ord. No. 676-C; 2-20-1996 by Ord. No. 703-C]
C.
Drainage facilities. Adequate storm drainage shall be provided for development within a floodplain district in accordance with the requirements of Article IV of this chapter. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure drainage at all points along streets and provide positive drainage away from all buildings. The system also shall be designed to prevent the discharge of excess runoff onto adjacent properties.[3]
D.
Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collection systems) shall be designed to minimize or eliminate infiltration of floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.[4]
E.
Water facilities (potable). All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.
F.
Utilities. All utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas shall be located and constructed to minimize the chance of impairment during a flood period.
G.
Anchoring. Within any floodplain district, all buildings and structures shall be firmly anchored in accordance with the United States Army Corps of Engineers floodproofing regulations, as amended, to prevent flotation, collapse or lateral movement.
H.
Materials. All materials and utility equipment used shall be resistant to flood damage as required by the United States Army Corps of Engineers floodproofing regulations, as amended.
I.
Development which may endanger human life.[5]
(1)
The provisions of this section shall be applicable, in addition to any other applicable provisions of this article, or any other ordinance, code or regulation.
(2)
In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, the provisions of this section shall apply to:
(a)
Any new or substantially improved structure which will be used for the production of storage of any of the substances listed below; or
(b)
Any use which will require the maintenance on the premises of a supply of more than 550 gallons, or other comparable volume, of any of the materials specified below or any amount of radioactive substances. The substances subject to the provisions of this section are:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.)
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides (including insecticides, fungicides and rodenticides).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(3)
Within any floodway district, any structure of the kind described in Subsection I(2) above shall be prohibited.
(4)
Requirements for structures.
(a)
Where permitted within any flood-fringe district or general floodplain district, any structure of the kind described in Subsection I(2) above shall be:
(b)
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication of Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
(5)
Within any general floodplain district, any structure of the kind described in Subsection I(2) above shall be prohibited within the area measured 50 feet landward from the top of the bank of any watercourse.
J.
Paints and adhesives.[8]
[Added 6-20-2000 by Ord. No. 732-C]
(1)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
§ 158-35.1 Fully enclosed areas below lowest floor. [1]
[Amended 12-19-1995 by Ord. No. 700-C]
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such areas shall be used solely for parking of a vehicle, building access or storage in an area other than a basement. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
A.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
B.
The bottom of all openings shall be no higher than one foot above grade.
C.
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
§ 158-36 Existing structures. [1]
Structures existing in any designated floodplain district prior to February 19, 1980, but which are not in compliance with these provisions, may continue to remain, subject to the United States Army Corps of Engineers Flood-Proofing Regulations, as amended, and also subject to the following:
A.
Existing structures located in a designated floodway district 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.
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 25% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
C.
Any modification, alteration, construction or improvement of any kind to an existing structure, to an extent or amount of 25% or more of its market value, shall be considered a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter. This also includes a structure which has been damaged to an extent whereby the cost of restoring it to its before-damaged condition would equal or exceed 25% or more of the market value of the structure before the damage occurred, regardless of the actual repair work performed.
[Amended 12-19-1995 by Ord. No. 700-C; 2-20-1996 by Ord. No. 703-C]
§ 158-37 Administration. [1]
A.
Permit required. A zoning permit shall be required for all construction and development in any floodplain district, including the erection, moving, extension, structural alteration or development of existing structures. In addition to the application requirements contained in other articles of this chapter, the following information shall be included in an application for construction or development in any floodplain district:
(1)
A site plan which details the existing and proposed structures, contours and/or elevations of the ground every two feet, as well as the surrounding area of at least 50 feet as prepared from a site study.
(2)
The 100-year flood elevation and the elevation of the lowest floor of any proposed structures.
(3)
If a proposed nonresidential structure is to be floodproofed, certification from a registered engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood, as per the United States Army Corps of Engineers Flood-Proofing Regulations, as amended. Detailed information on the level of floodproofing must be retained by the Borough.
[Amended 12-19-1995 by Ord. No. 700-C]
(4)
If the proposed development is to be located within the floodway district, a certification from a registered engineer that the development will not cause any increase in the 100-year flood levels within the community, or that any such increase will be fully offset by accompanying watercourse improvements.
(5)
In addition to the above requirements, each applicant shall file with each application and each application shall include the information required by § 158-38B(1) through (4).
[Added 10-17-1995 by Ord. No. 699-C]
B.
Other permit issuance requirements. Prior to the issuance of any permit in a floodplain district, the Zoning Officer shall review the application for permit to determine if any other necessary governmental permits, such as those required by state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Pennsylvania Dam Safety and Encroachment Act of 1978,[2] and the Federal Water Pollution Control Act amendments of 1972, Section 404, U.S.C. § 1334. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq. and 32 P.S. § 693-1 et seq., respectively.
C.
Watercourse alterations.
(1)
Prior to any proposed alteration or relocation of a watercourse, the developer proposing such modification shall obtain a permit from the Pennsylvania Department of Environmental Resources, Bureau of Dams and Waterways Management. Furthermore, the developer shall notify the Pennsylvania Department of Community and Economic Development and all affected communities by certified mail prior to such proposed alterations and shall submit copies of such notification to the Borough Zoning Officer and the Federal Insurance Administration.
(2)
In addition, the developer shall assure the Council of the Borough of Cheswick, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse shall be maintained.
§ 158-38 Activities requiring special permits.
A.
Activities requiring special permit. In accordance with the Pennsylvania Flood Plain Management Act[1] and regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted in a floodplain district only by special permit:
(1)
Hospitals, public or private.
(2)
Nursing homes, public or private.
(3)
Jails.
(4)
New mobile home parks and mobile home subdivisions and substantial improvements to existing mobile home parks.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application requirements. Applicants for special permits shall provide five copies of the following items:
(1)
A written request, including a completed zoning permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines, including dimensions, and the size of the site expressed in acres and square feet.
(d)
The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations.
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting or affected by the proposed activity or development.
(f)
The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations and information concerning the flow of water, including direction and velocities.
(g)
The location of all proposed buildings, structures, utilities and any other improvements.
(h)
Any other information which the Borough considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.
(b)
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(c)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.
(f)
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.
(5)
The following data and information also shall be provided:
(a)
Certification from the applicant that the activity or development as proposed is an existing separate and single parcel, owned by the applicant or the client that he represents.
(b)
Certification from a registered professional engineer, architect or landscape architect that the proposed construction had been adequately designed to protect against damage from the 100-year flood.
(c)
A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of the 100-year flood, including a statement concerning the effects such pollution may have on human life.
(d)
A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.
(e)
A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on the 100-year flood elevation and flows.
(f)
The appropriate component of the Department of Environmental Resources planning module for land development.
(i)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
C.
Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedure shall apply, in addition to all other applicable permit procedures which are already established:
(1)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application also shall be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
(2)
If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respects the application is deficient.
(3)
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Department of Community and Economic Development, by registered mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Borough shall allow the Pennsylvania Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough.
(6)
If the Borough does not receive any communication from the Pennsylvania Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Pennsylvania Department of Community and Economic Development should desire to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
D.
Technical requirements for development requiring a special permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provisions, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:
[1]
The structure will survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the 100-year flood elevation.
[2]
The lowest floor elevation (including basement) will be at least 1 1/2 feet above the 100-year flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
(b)
Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.
(2)
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or other persons with demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient details to allow a thorough technical review by the Borough and the Pennsylvania Department of Community and Economic Development.
E.
Prohibition of structures within specified areas. Within any identified floodplain areas, any structures of the kind described in Subsection A shall be prohibited within the area measured 50 feet landward from the top of the bank of any watercourse.
F.
Prohibition of issuing variance. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
§ 158-39 Variances and special exceptions.
No variances or special exceptions shall be granted by the Zoning Hearing Board in the floodplain districts designated by this article.
§ 158-40 Prohibition of manufactured homes.
[Amended 12-16-1986 by Ord. No. 657]
No manufactured home, whether used for residential or commercial purposes, shall be permitted in the floodplain districts as designated by this article.
§ 158-41 Definitions. [1]
[Amended 12-16-1986 by Ord. No. 657]
The following are special definitions which shall be used in making reasonable interpretations of the provisions contained in this article:
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
A use or structure on the same lot with and incidental or subordinate to the principal use.
[Added 6-20-2000 by Ord. No. 732-C]
Any area of the building having its floor below ground level on all sides.
[Added 10-17-1995 by Ord. No. 699-C]
A combination of materials to form a permanent structure having walls and a roof.
[Added 6-20-2000 by Ord. No. 732-C]
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Those floodplain districts specifically designated as being inundated primarily by the 100-year flood. Included would be the areas identified as floodway districts (FW) and flood-fringe districts (FF).
Any man-made changes to improved or unimproved real property, including but not limited to construction, reconstruction, renovation, repair, expansion or alteration of buildings or structures, and including streets or other paving, filling, grading, excavation, dredging, drilling, storage of equipment or materials and the subdivision of land.
[Amended 12-19-1995 by Ord. No. 700-C; 6-20-2000 by Ord. No. 732-C]
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.
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.
[Added 10-17-1995 by Ord. No. 699-C]
Any combination of structural and nonstructural 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 designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this code, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
[Added 10-17-1995 by Ord. No. 699-C]
Listed in the National Register of Historic Places or preliminarily determined to meet the requirements for listing in the National Register;
Certified to or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district;
Individually listed in a state or local inventory of historic places.
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.
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. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
[Amended 12-19-1995 by Ord. No. 700-C]
A parcel or contiguous parcels of land divided into two or more manufactured home lots for nontransient use.
Structures for which the start of construction, as herein defined, commenced on or after February 19, 1980, and includes any subsequent improvements to such structures.
[Added 12-19-1995 by Ord. No. 700-C]
A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck; designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
[Added 12-19-1995 by Ord. No. 70-C]
A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such parks, when such development is located in all or a designated portion of a floodplain.
[Added 12-19-1995 by Ord. No. 700-C]
Includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on the site, such as the pouring of slabs 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, or the installation of sewer, gas and water pipes or electrical or other service lines from the street.
A walled and roofed building, including a gas or liquid storage tank, as well as a manufactured home.
[Added 12-19-1995 by Ord. No. 700-C]
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 is presumed to be in violation until such time as documentation is provided.