Shippensburg City Zoning Code
ARTICLE IX
Floodplain District
§ 150-28 Purpose.
The purpose of this article is to:
A.
Safeguard against the loss of life and property and promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural drainage.
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E.
Preserve the capacity and ability of natural waterways to carry floodwaters.
F.
Regulate uses, activities, and development which acting alone or in combination with other uses, activities, and development, will cause unacceptable increases in the elevation, velocity or frequency of flooding.
G.
Restrict or prohibit certain uses, activities, and development from locating within areas prone to flooding.
H.
Require all uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
I.
Comply with federal and state floodplain management requirements.
§ 150-29 Applicability.
These provisions shall apply to all lands within the jurisdiction of the Borough of Shippensburg and shown as being located within the boundaries of the designated floodplain districts which are considered as a part of the Official Zoning Map.
§ 150-30 Compliance.
No land shall be used, and no regulated activity shall be permitted in an identified floodplain except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations, which apply to uses within the jurisdiction of the chapter.
§ 150-31 Conflict with other provisions.
This article 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 article, the more restrictive shall apply.
§ 150-32 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this article is declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
§ 150-33 Warning; disclaimer of liability.
A.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur; flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
B.
This article shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 150-34 Identification of floodplain areas.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
A.
The identified floodplain area shall be:
(1)
Any areas of Shippensburg Borough classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated January 18, 2012, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(2)
Any floodplain districts noted on the Official Borough Zoning Ordinance Map.
B.
The above referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Shippensburg Borough, incorporated herein by reference, and declared to be a part of this chapter.
§ 150-35 Description and special requirements of identified floodplain areas.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
The identified floodplain area shall consist of the following specific areas:
A.
The Floodway Area/District shall be those areas identified as floodway on the FIRM as well as those floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS. The floodway represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point.
(1)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection regional office.
B.
The AE Area/District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.
(1)
In AE Area/District without floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
(2)
No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
D.
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of 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 detail to allow a thorough technical review by the municipality.
§ 150-36 Overlay concept.
A.
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and, as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
C.
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
§ 150-37 Zoning Map.
The boundary of the floodplain is established as part of the Official Zoning Map of the Borough of Shippensburg which is declared to be a part of this chapter and which shall be kept on file at the Shippensburg Borough Office. The Floodplain Map is a graphical representation of the floodplain as delineated on the Flood Insurance Map, latest revision, prepared for the Borough of Shippensburg by the Federal Emergency Management Agency.
§ 150-38 Changes in identification of area.
The identified floodplain area may be revised or modified by the Borough where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA.
§ 150-39 Boundary disputes.
Should a dispute concerning any identified floodplain boundary arise, the Zoning Officer shall make an initial determination. Any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant to whom reasonable opportunity shall be given to present his or her case and technical evidence to the Board.
§ 150-40 Floodway District (FW).
Within an identified FW District, the following provisions apply:
A.
Any new regulated activity that would cause any increase in flood heights shall be prohibited.
B.
No new regulated activity shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
C.
Permitted uses. In the Floodplain District the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill, or storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and previous parking areas.
(4)
Accessory industrial and commercial uses such as yard areas, previous parking and loading areas, airport landing strips, etc.
D.
Conditional uses. The following uses and activities may be permitted by conditional use, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(1)
Structures, except for mobile homes.
[Amended 10-18-2011 by Ord. No. 872, approved 10-18-2011]
(2)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(4)
Extraction of sand, gravel and other materials.
(5)
Temporary uses such as circuses, carnivals and similar activities.
(6)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding; or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warnings.
(7)
Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances.
E.
Uses specifically prohibited. See § 150-44C for the kinds of development which are specifically prohibited within the Floodway District. However, the listing of certain specifically prohibited kinds of development therein is not intended to imply that other kinds of development not recited in Subsections C and D of this section are permissible.
§ 150-41 Special requirements for recreational vehicles.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
Recreational vehicles in Zones A, A1-30, AH and AE must either:
§ 150-42 AE District (AE).
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
Within any AE, the following provisions shall apply:
A.
No new regulated activity shall be allowed 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 one-hundred-year flood more than one foot at any point.
B.
No new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse (the assumed floodway), unless a permit is obtained from the Department of Environmental Protection Regional Office.
C.
Permitted uses. In the AE District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.
§ 150-43 A District (A).
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
Within any A District, the following provisions apply:
A.
No new regulated activity shall be allowed 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 one-hundred-year flood more than one foot at any point.
B.
No new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse (the assumed floodway), unless a permit is obtained from the Department of Environmental Protection regional office. If the floodplain does not extend 50 feet beyond the top of bank as depicted on FEMA Flood Insurance Study Maps, or if the same is demonstrated through hydrologic and hydraulic analyses pursuant with § 150-35D of this article, then approval by the Department of Environmental Protection shall not be required.
C.
Permitted uses. In the A District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.
§ 150-44 Development which may endanger human life.
A.
The following list of materials and substances are considered dangerous to human life:
(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)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
B.
In accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, any new or substantially improved structure shall be subject to the provisions of this section and all other applicable codes, ordinances and regulations if the structure will be used for any activity requiring the production, or storage, or maintenance of a supply of:
(1)
More than 100 pounds, 12 gallons, or other comparable amount of a material listed in § 150-44A of this article, or other dangerous material.
(2)
Any amount of radioactive material.
(3)
More than 550 gallons of petroleum products.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Within any FW (Floodway Area), any structure of the kind described in § 150-44B shall be prohibited.
D.
Within any AE District or A District, any new or substantially improved structure of the kind described in § 150-44B shall be prohibited within the area measured 50 feet landward from the top of bank (the assumed floodway) of any watercourse.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
§ 150-45 Activities requiring special permits.
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act,[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough.
A.
The commencement of any of the following activities, or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
B.
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 150-46 Conditional uses and variances.
In acting upon applications for conditional uses and variances, the Zoning Hearing Board or Borough Council shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and the following:
A.
No variance/conditional use shall be granted for regulated activities within any Floodway District (FW) that would cause any increase in the one-hundred-year flood elevation.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
B.
No variance/conditional use shall be granted for regulated activities within any AE District that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
D.
If granted, a variance/conditional use shall involve only the least modification necessary to provide relief.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
E.
In granting any variance/conditional use, the Zoning Hearing Board/Borough Council shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of this article.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
F.
Whenever a variance/conditional use is granted, the Zoning Hearing Board/Borough Council shall notify the applicant in writing that:
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
G.
In reviewing any request for a variance/conditional use, the Zoning Hearing Board/Borough Council shall consider, at a minimum, the following:
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional hardship to the applicant.
(3)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(4)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(5)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(6)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(7)
The importance of services provided by the proposed facility to the community.
(8)
The requirements of the facility for a waterfront location.
(9)
The availability of alternative locations not subject to flooding for the proposed use.
(10)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(11)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(12)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(13)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site.
H.
The Zoning Hearing Board or Borough Council may refer any application and accompanying documentation pertaining to any request for a conditional use or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
I.
Conditional uses and/or variances shall only be issued after the Zoning Hearing Board or Borough Council has determined that the granting of such will not result in:
J.
Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
§ 150-47 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Any person, partnership, business or corporation applying for a land use permit involving regulated activities in an identified floodplain.
Any area of the building having its floor below ground level on all sides.
The Borough of Shippensburg.
The Council of the Borough of Shippensburg.
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.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
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.
A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse or floodplain.
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 temporary inundation of normally dry land areas.
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.
Those floodplain districts specifically designated in the Borough of Shippensburg Zoning Ordinance as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway, AE Zone, and A Zone.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
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 designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The floodplain area specifically identified in this article as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
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
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.
A subdivision of land.
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 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 attached to the required utilities. The term "manufactured home" includes park trailers, travel trailers, recreational and other similar vehicles, which are placed at one or more locations on a single property, or upon multiple properties under the same ownership, within an identified floodplain for more than 180 consecutive days.
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.
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.
Structures for which the start of construction commenced on or after the January 18, 2012, and includes any subsequent improvements to such structures. Any construction started after March 15, 1979, and before January 18, 2012, is subject to the ordinance in effect at the time the permit was issued, provided that the start of construction was within 180 days of permit issuance.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
A flood that has a 1% chance of occurring annually (i.e., frequency of one time every 100 years), but may occur in any year.
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 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;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Include the following activities when proposed within an identified floodplain.
Land development.
Subdivision.
Construction and/or installation of new buildings or additions to existing buildings.
Earthwork or grading that alters the natural or preexisting topography.
Import of fill material.
Construction or installation of drainage or flood conveyance structures.
Temporary and permanent floodplain and watercourse encroachments.
Installation or construction of water and sanitary sewer facilities and other utilities.
Activities involving the use, production or storage of dangerous materials or substances that would pose a threat to human health, property or water supply.
Activities involving the use, production or storage of dangerous materials or substances that would pose a threat to human health, property or water supply.
The one-hundred-year flood elevation plus 1.5 feet.
A special approval which is required for hospitals, nursing homes, jails, and 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.
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. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
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.
Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.
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 regardless of the actual repair work performed. The term does not, however, include either:
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, or;
Any alteration of a historic structure, provided that the alteration would not preclude the structure's continued designation as a "historic structure."
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 code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the Commonwealth floodplain construction.
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Area that is saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions as determined in accordance with the 1987 United States Army Corps of Engineers Wetlands Delineation Manual.