[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
Except as specified, the words used in these flood hazard area
regulations shall have the meanings defined in Part 2 ("Definitions")
of this chapter of Lower Macungie Township.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor. Construction. The construction, reconstruction, renovation,
repair, extension, expansion, alteration, relocation, or modification
of a building or structure, including the placement of a manufactured
home.
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 or other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations;
storage of equipment or materials; and the subdivision of land.
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 flood which, on the average, is likely to occur once every
500 years (i.e., which has a 0.2% chance of occurring each year, although
the flood may occur in any year).
A temporary inundation of normally dry land areas.
A combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved property, water, sanitary or other
facilities, structures and their contents.
A relatively flat or low land area which is subject to partial
or complete flooding 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.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the ten-year magnitude.
The areas identified as "floodway" in the AE Zone in the
Flood Insurance Study prepared by FEMA. The term shall also include
floodway areas which have been identified in other available studies
or sources of information for those floodplain areas where no floodway
has been identified in the Flood Insurance Study (FIS).
The areas identified as Zone A in the FIS for which no one-hundred-year
flood elevations have been provided. When available, information from
other federal, state, and other acceptable sources shall be used to
determine the one-hundred-year elevation, as well as a floodway area,
if possible. When no other information is available, the one-hundred-year
elevation shall be determined by using a point on the boundary of
the identified floodplain area which is nearest the construction site
in question.
In lieu of the above, Lower Macungie Township 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 Township of Lower Macungie.
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 requirement
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.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
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.
The replacement or existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
any addition, change, or modification in construction, exit facilities,
or permanent fixtures or equipment.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood prone area, which
may impede, retard or change the direction of flow of water either
in itself or by catching or collecting debris carried by such water
or is placed where the flow of water might carry the same downstream
to the damage of life or property.
A flood which, on the average, is likely to occur once every
100 years (i.e., which has a 1.0% chance of occurring each year, although
the flood may occur in any year).
An individual, partnership, public or private association
or corporation, limited liability partnership or company, 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.
The areas identified as "one-hundred-year floodplain" and
"approximate one-hundred-year floodplain," including floodway and
floodway fringe areas, on the Flood Insurance Study prepared for the
Township by the Federal Insurance Administration (FIA), dated November
2001, or any subsequent official update of said study by the FIA.
The areas exceeding the one-hundred-year flood elevation
on the Flood Insurance Study prepared for the Township by the Federal
Insurance Administration (FIA), dated August 2, 1976, or any subsequent
official update of said study by the FIA, but within the areas identified
as "five-hundred-year floodplain" and "approximate five-hundred-year
floodplain," including floodway and floodway fringe areas, on the
aforesaid Flood Insurance Study or any subsequent official FIA update.
The areas exceeding the one-hundred-year flood elevation
in the aforesaid Flood Insurance Study or any subsequent official
FIA update but lying within the areas subject to the five-hundred-year
flood in the aforesaid Flood Insurance Study or any subsequent official
FIA update.
Laterals, interceptors, sub-surface equipment and structures
related to the utilities, and related manholes.
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 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.
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
Equipment related to such utility, including those for electricity,
gasoline, other petroleum products, natural gas, telephone, cable
TV, fiber optic cable and the like.
Distribution lines, sub-surface related structures and distribution
poles (excluding transmission powers).
All other words and terms used in these flood hazard area regulations shall have the meanings of such works or terms provided in this chapter and Subdivision and Land Development Ordinance [Chapter 22A], as amended.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
The titles of the sections of these flood hazard area regulations
(Appendix 27A of this chapter) are descriptive only and shall not
alter the meaning of the provisions hereof.
