32 Pa. Stat. § 679.104

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 679.104 - Definitions

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Department." [Deleted by 2022 Amendment.]

"Fill." Sand, gravel, earth or other material placed or deposited so as to form an embankment or raise the elevation of the land surface.

"Flood." A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other waters of the Commonwealth.

"Flood plain management regulation." Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage, prevention and reduction.

"Floodproofing." Structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions or to the contents of any structure.

"Municipality." A city, borough, town or township or any similar general purpose unit of government, or county or other governmental unit when acting as an agent thereof, or any combination thereof acting jointly.

"New mobile home park or mobile home subdivision." A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of flood plain management regulations adopted by a community.

"Obstruction." Any structure or assembly of materials including fill above or below the surface of land or water, and an activity which might impede, retard or change flood flows. The planting, cultivation and harvesting of field and orchard crops or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered an "obstruction" under this definition and shall not be subject to regulation under this act.

"One hundred-year flood." The highest level of flooding that, on the average, is likely to occur every 100 years, that is, that has a 1% chance of occurring each year.

"One hundred-year flood plain" or "flood plain." The 100-year floodway and that maximum area of land that is likely to be flooded by a 100-year flood shown on flood plain maps approved or promulgated by the United States Department of Housing and Urban Development.

"Person." An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

"Public utility service." The rendering of the following services for the public:

(1) gas, electricity or steam production, generation, transmission or distribution;
(2) water diversion, pumping, impoundment or distribution;
(3) railroad transportation of passengers or property;
(4) operation of a canal, turnpike, tunnel, bridge, wharf or similar structure;
(5) transportation of natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration or other fluid substances by pipeline or conduit;
(6) telephone or telegraph communications; and
(7) sewage collection, treatment or disposal.

"Special hazard obstruction." This shall include but not be limited to hospitals, nursing homes, jails and facilities necessary for emergency response.

"Substantial improvement." Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(1) before the improvement or repair is started; or
(2) if the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structure part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(i) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(ii) any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

"Watershed." The entire region or area drained by a river or other body of water, whether natural or artificial.

32 P.S. § 679.104

Amended by P.L. TBD 2022 No. 65, § 2, eff. 9/9/2022.
1978, Oct. 4, P.L. 851, No. 166, § 104, imd. effective.