[Amended 3-17-2009 by Ord. No. 840, approved 3-17-2009]
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
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.
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.
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.
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.
[Amended 2-21-2012 by Ord. No. 877, approved 2-21-2012]
Recreational vehicles in Zones A, A1-30, AH
and AE must either:
[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.
[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.
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]
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.
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.
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.
