Ordinance # 098-1

Requirement for

Building Permit

in Flood Zones

An Ordinance requiring all persons, partnerships, businesses, and corporations to obtain a building permit for any construction or development: Providing for the issuance of such building permits; setting forth certain minimum requirements for new construction and development within areas of the Borough of Bolivar which are subject to flooding: and establishing penalties for any persons who fail, or refuse to comply with, the requirements or provisions of this ordinance.

Whereas, the Borough of Bolivar desires to meet the requirements of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act (Act 166-1978) and

Whereas the Borough desires to promote the health, safety, and welfare of the community and

Whereas the Borough desires to minimize future flood damage, and resulting financial burdens imposed on the community and governmental unites, and

Whereas the Borough desires to insure that each resident be eligible for "Flood insurance"

Now therefore be it ordained and enacted by the Borough of Bolivar, County of Westmoreland, Commonwealth of Pennsylvania

Article I. Applicability

Section 1.00 General Provisions

A. It shall be unlawful for any person, partnership, business, corporation or other entity of any description whatsoever, to undertake, or cause to be undertaken, any construction or development within any identified floodplain area of the Borough of Bolivar, unless a building permit, hereinafter referred to as "Permit" has been obtained from the Borough Secretary, or other representative , as the Borough of Bolivar, County of Westmoreland, Commonwealth of Pennsylvania.

B. A permit shall not be required for minor repairs to existing structures

C. This Ordinance supersede any other conflicting provisions which may be in effect in identified floodplain areas, and this Ordinance specifically rescinds Ordinance # 1975 -2.

Section 1.01 Severability

A. If any section, subsection, paragraph, sentence, clause, phrase, or part of this Ordinance shall be declared invalid for any reason whatsoever, such declaration shall not affect the remaining provisions of this Ordinance, which shall be deemed severable, and which remaining provisions shall continue in full force and effect.

Section 1.02 Warning and Disclaimer of Liability

A. The degree of flooding protection sought by the provisions of this Ordinance 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 manmade or natural causes. This Ordinance 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 damage.

B. This Ordinance shall not create liability on the part of the Borough of Bolivar, nor any officer nor employee thereof, for any flood damages that result from reliance on this Ordinance, nor any administrative decision lawfully made there under.

Section 103. Effective Date

This Ordinance shall take effect and be applicable on February 1, 1998 , and thereafter

Article II Administration

Section 2.00 Building Permits Required

A. Permits shall be required before any construction or development is undertaken within any identified floodplain areas of the Borough of Bolivar.

Section 2.01 Issuance of Building Permit

A. The Officer shall issue a Permit only after he or she has determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and Ordinances.

B. Prior to the issuance of the permit, the Officer shall review the application for permit to determine if all other necessary government permits required by Commonwealth and Federal Laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended), the Pennsylvania Dam Safety and Encroachments Act (Act 1978 - 325, as amended), the Pennsylvania Clean Streams Act (Act 1937 - 394, as amended) and the U.S. Clean Water Act, Section 404, 33 U.S.C. 1344..

C. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Waterways Engineering, it successor, or other entity as the Commonwealth shall designate from time to time..

In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office shall be notified by the Borough prior to any alteration or relocation of any watercourse.

Section 2.02 Application Procedures and Requirements

A. Application for a permit shall be made, in writing, to the Officer on forms supplied by the Borough Such application shall contain the following information.

1. Name and address of applicant.

2. Name and address of owner of land on which proposed construction is to occur.

3. Name and address of contractor.

4. Site location.

5. Listing of other permits required.

6. Brief description of proposed work and estimate of cost.

B. In addition to the completed application, the applicant shall supply the Officer with:

1. A plan of the entire site, clearly and legibly drawn to scale showing the following:

a. north arrow, scale and date

b. topographic contour lines

c. all property and plot lines, including dimensions and size

d. the location of all existing and proposed buildings, structures, and other improvements, clearly delineated as either "existing" or "proposed"

e. the location and dimensions of all existing streets, drives and other access ways

f. the location of any existing bodies of water or watercourses, or identified floodplain areas

2. A document, certified by a registered professional engineer or architect, which states

a. That the proposed construction, development, or improvements have been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities, impact and uplift forces.

b. That certain flood proofing measures have been incorporated into the design of the proposed structure(s) or development , and indentifies those measures, including but not limited to, the recordation of the lowest floor elevation or, for nonresidential structures only, the flood proofing elevation

c. That the appropriate component of the Department of Environmental Protection's Planning Module for Land Development has been completed.

d. That a plan meeting the requirements of the /Department of Environmental Protection, to implement and maintain erosion and sedimentation control has been formulated, where any excavation or grading is proposed.

Section 2.03 Review of Application

A. A copy of all plans and applications or any other documents obtained by the Officer may be submitted to any other appropriate agency, or individual (s) for review or comment, at the sole discretion of the Officer.

B. All applications for permit shall be acted on within ten (10) days of submission. the officer shall either issue or refuse to issue a permit within that time, by providing the applicant with written notice of such decision. action will be deemed to have occurred on the date said notice is mailed.

C. No application will be deemed to have been "submitted" until all information required by this Ordinance s provided by the applicant to the officer, and the fee required under Section 2.08 has been paid in full.

Section 2.04 Changes

A. After the issuance of a permit by Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted without the written consent or approval of the Officer. Request for any such change shall be submitted in writing, to the officer, who shall have ten (10) days from such request to either approve or deny such request.

Section 2.05 Placards

A. Upon approval, the officer shall issue a placard which shall be visibly displayed on the premises construction.. The placard shall contain the words "Building Permit" along with the date of issuance, the applicant, and the address of the property for which the permit was issued, and it shall be signed by the Officer.

Section 2.06 Start of Construction

A. Work on the proposed construction or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the permit. Such permit shall expire at the end of six (6) months, if construction has not then begun, or at the end of twelve (12) months in any event.

B. The officer may extend the permit, by written notice, upon written request, of the applicant, setting forth sufficient and reasonable cause. No extension shall exceed three (3) month. Such request for extension must be delivered to the Officer prior to the expiration of the original permit term. Each request shall be accompanied by an extension fee as set forth in Section 2.08 and no extension shall be granted without payment of the fee.

C. In the event that any permit shall lapse, as described in subsection A of this section, and shall not have been granted an extension, the applicant shall cease construction or development immediately, and shall not resume until obtaining a new permit, including resubmission of all required documentation, and payment of the fee.

D. For the purpose of this section, construction will be deemed commenced with land clearing, grading, excavation, filling, or installation of footings.

Section 2.07 Inspection and Revocation

A. During the construction period, the Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with applicable municipal laws and ordinances. He or she may make as many inspections during and upon completion of the work as he or she deem necessary.

B. In the discharge of his duties, the Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.

C. In the event the Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Officer shall inform Borough Council for whatever action it deems necessary.

D. A written record of all such inspections and violations shall be maintained by the Officer..

Section 2.08 Fees

A. Building Permit -------------------------------------------------------$25.00

Building Permit Extension ------------------------------------------$ 10.00

Section 2.09 Enforcement

A. Notice

1. Whenever the Officer or other authorized Borough representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Ordinance, the Officer shall give notice of such violation as provided herein.

2. Such notice of Violation shall be in writing, and shall include a statement of the reason for its issuance. The notice shall also grant a period of time, not to exceed thirty (30) days, within which compliance must be made. In no event shall the compliance period be deemed to extend the life of the permit.

3. Such notice shall be served on the property owner at the address listed in the application, by certified U.S. mail, return receipt requested or by person service. In the event that notice is returned unclaimed or refused, then service by mailing the notice, regular first-class mail shall be sufficient Service upon the applicant, if different from the property owner, will be deemed service on the property owner himself.

B. Penalties

1. Any person, or other entity who fails or refuses to comply with any provision of this Ordinance, or who fails or refuse to comply with any notice, order or direction of the officer or other authorized representative of the Borough shall be guilty of a summary offense, and upon conviction, shall pay a fine to the Borough of not less than twenty-five ($25.00) dollars nor more than three hundred dollars ($300.00) plus costs of prosecution. In default of such payment, such person shall be incarcerated for a period not exceeding ten (10) days. Each day during which any violation of this Ordinance shall continue shall constitute a separate offense.

2. In additional to the above penalties all other actions of enforcement of this Ordinance are hereby retained, including all actions in equity.

3. The imposition of any fine or penalty for any violation of this Ordinance shall not excuse compliance therewith. Any development, structure, building or improvement, initiated in violation of this Ordinance may be declared, by the Council of the Borough, to be a public nuisance and abated.

Section 2.10 Appeals

A. Any person aggrieved by an action or decision of the Officer, concerning the administration of the provisions of this Ordinance, may appeal, in writing within thirty(30) days of such action, decision or notice. Such appeal shall be filed with the Secretary of the Borough. Such appeal shall be the exclusive method of challenging any decision, action or notice of the Officer.

B. Upon receipt of such appeal the President of the Borough Council shall set a time and place, within not less than ten (10) nor more than thirty (30) days, in order for Council to hear and consider the appeal. Notice shall be given to all parties.

C. Any person aggrieved by any decision of the Borough Council may seek relief there from by appeal to Court of Common Pleas of Westmoreland County, as provided by the laws of the Commonwealth..

Section III Identification of Flood Plain Areas

Section 3.00 Identification

A. The identified floodplain area shall be any area of the Borough of Bolivar, subject to the one-hundred (100 year flood, which is identified as Zone A (area of Special Flood Hazard) on the Flood Insurance Rate Map (FIRM) , which accompanies the Flood Insurance Study, dated August 5, 1997, or the most recent revision thereof as issued by the Federal Emergency Management Agency (FEMA).

Section 3.01 Determination of Floodplain Areas

A. For the purposes of this Ordinance, the one hundred (100) year flood elevation shall be used as the basis for regulation. When available, information from other Federal, Commonwealth, or other sources shall be use to determine the one hundred (100) year elevation, as well as floodway area, if possible. When no other information is available, the one hundred (100) 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.

Section 3.02 Changes in Identification of Area

A. The identified floodplain area may revised or modified by the Borough Council, where studies or information provided by a qualified agency or person documents the need for such revision. However, no change shall be made without written approval from the Federal Insurance Administration (FIA).

Section 303. Boundary Disputes

A. Any dispute concerning the identified floodplain boundary shall be decided by written decision of the Officer to the applicant. Any person aggrieved by the Officer's decision shall appeal as provided in Section 2.10 of this Ordinance. The burden of proof regarding the location of the identified floodplain area shall be on the applicant.

Article IV General Technical Requirements

Section 4.00 General

A. In the identified floodplain area, the development and / or use of any land shall be permitted provided that the development and / or use complies with the restrictions and requirements of this and all other applicable codes and ordinance in force in the Borough.

B. Within any floodplain area, no new construction or development shall permitted that would cause any increase in the one hundred (100) year flood elevation.

C. Within any identified floodplain area, no new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection , Bureau of Waterways Engineering..

D. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above the regulatory flood elevation.

Within any identified floodplain area, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to , or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

Any non-residential structure, or part thereof, having a lowest floor (including basement) which is not elevated to at least one and one half (1 1/2) feet above the one hundred year flood elevation, shall be flood proofed 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) as amended March 1992 ) or with some other equivalent standard. All plans and specifications for such flood proofing, shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposal design and methods of construction are in accordance with the referenced standards.

E. Fully enclosed space below the lowest floor (including basement) is prohibited.

F. Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage, in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "Partially enclosed space" shall also include crawl spaces.

Designs for meting this requirement must be certified by a registered professional engineer or architect.

G. Structures accessory to a principal building need not be elevated or flood proofed to remain dry, but shall comply, at a minimum, with the following requirements.

1. The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

2. The flood area shall not exceed four hundred (400) square feet.

3. The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.

4. All power lines, wiring, and outlets shall be at least one and one-half 91 1/2) feet above the one hundred (100) year flood elevation.

5. All permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc, are prohibited.

6. All sanitary facilities are prohibited.

7. All accessory structures shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls, Designs for meeting this requirement must be certified by a registered professional engineer or architect.

Section 4.01 Design and Construction Standards

The following minimum standards shall apply for all construction and development within any identified flood plain area:

A. Fill - If fill is used, it shall

1. Extend laterally at least fifteen, (15) feet beyond the building line from all points

2, Consist of top soil or small rock materials only

3. Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling

4. Be no steeper than one (1) vertical to two (2) horizontal feet unless substantiated data, justifying steeper slopes are submitted to and approved by the Officer, and

5. Be used to the extent to which it does not adversely affect adjacent properties.

B. Drainage Facilities

Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

C.. Water and Sanitary Sewer Facilities and Systems

1. All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

2. Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

3. No part of any on-site sewage system shall be located within any identified flood plain area except in strict compliance with all Commonwealth and Borough regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

D. Other Utilities

All other shall be located, elevated and constructed to minimize the chance of impairment during a flood,.

E. Storage

All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human life, and which are not listed in Section 4.02 Development Which May Endanger Human Life, shall be stored at or above Regulatory Flood Elevation and / or flood proofed to the maximum extent possible.

F. Anchoring

All buildings and structures, including air ducts, large pipes, storage tanks, and other similar items shall be securely anchored or affixed to prevent flotation, collapse, or lateral movement.

G. Electrical Components

. Electrical distribution panels shall be at least three (3) feet above the one-hundred (100) year flood elevation, and all separate electrical circuits shall serve lower levels and shall be dropped from above..

H. Equipment

Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment shall not be located below the Regulatory Flood Elevation.

I Fuel Supply Systems

All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

Section 4.02 Development Which May Endanger Human Life

A. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which

1. Will be used for the production or storage of any of the following dangerous materials or substances

2. Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises

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

B. Within any identified flood plain area, any new or substantially improved structure of the kind described in Subsection A. above shall be prohibited.:

Section 4.03 Special Requirements for Mobile Homes

A. Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.

B. Where permitted, within any identified floodplain area, all manufactured homes, and any improvements thereto shall be: 

1. Placed on a permanent foundation.

2. Elevated so that the lowest floor of the manufactured home is one and one half (1 1/2) feet or more above the elevation of the one hundred year flood.

3. Anchored to resist flotation, collapse, or lateral movement.

Article V. Existing Structures in Indentified Floodplain Areas

Section 5.00 General

In accordance with the administrative regulations promulgated by the Department of Community Affairs and its successors to implement the Pennsylvania Flood Plain Management Act, the following activities are prohibited within any identified floodplain area.

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:

1. Hospitals

2. Nursing homes

3. Jails or prisons

B. The commencement of , or construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing, manufactured home park or manufactured home subdivision.

Article VI Existing Structures in Identified Floodplain Areas

Section 6.00 Existing Structures

The provisions of this ordinance do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Section 6.01 shall apply.

Section 6.01 Improvements

The following provisions shall apply whenever any improvement is made to an existing structure located within any identified flood plain area

A. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one hundred (100) year flood.

B. Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.

Article VII Variances

Section 7.00 General

If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough may, upon request, grant relief from the strict application of the requirements.

Section 7.01 Variance Procedures and Conditions

A. No variance shall be granted to permit any development that is prohibited by Article V (Prohibited Activities) or to Section 4.02 (Development Which May Endanger Human Life).

B. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one hundred (100) year flood elevation.

C. If granted, a variance shall involve only the least modifications necessary to provide relief.

D. In granting any variance, the Borough shall attach whatever conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Ordinance.

E. Whenever a variance is granted, the Borough shall notify the applicant in writing that:

1. The granting of the variance may result in increased premium rates for flood insurance.

2. Such variances may increase the risks to life and property.

F. In reviewing any request for a variance, the Borough shall consider, at a minimum, the following:

1. That there is good and sufficient cause.

2. That failure to grant the variance would result in exceptional hardship to the applicant.

3. That the granting of the variance will

I. Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extra - ordinary public expense

II. Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable State or local Ordinances and regulations.

G. A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

H. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one- hundred (100 year flood.

Article VIII Definitions

Section 8.00 General

Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted so as to give this Ordinance its most reasonable application.

Section 8.01 Specific Definitions

1. Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 

2. Basement means any area of the building having its floor below ground level on all sides,

3. Borough means the Borough of Bolivar

4. Building - 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.

5. Completely Dry Space a space which will remain totally dry during flooding, the structure is designed and constructed to prevent the passage of water and water vapor.

6. Development - 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.

7. Essentially Dry Space 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.

8. Flood - a temporary inundation of normally dry land areas.

9. Floodplain area - 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.

10. Flood-proofing - means any combination of structural and non- structural additions, changes, or adjustments which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

11. Floodway the designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this Ordinance the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.

12. Historic Structure any structure that is:

(i) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the interior as meeting the requirements for individual listing on the National register.

(ii) 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.

(iii) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or

(iv) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either

1. By an approved state program as determined by the Secretary of the Interior, or,

2. Directly by the Secretary of the Interior.

13. Identified Floodplain Area the floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood.

14. Land Development any of the following activities

(a) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving

(i) A group of two or more residential or nonresidential buildings, whether proposes initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure or

(ii) The division of 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, leasehold, condominiums, building groups or other features.

(b) A subdivision of land..

15. Lowest Floor - 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 Ordinance.

16. Manufactured Home - a transportable, single family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are place on a site for more than 180 consecutive days.

17. Manufactured Home Park - a parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for non-transient use.

18. Minor Repair 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 removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements, nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

19. New Construction structures for which the start of construction commenced on or after February 1, 1998, and includes any subsequent improvements to any property or structure created subsequent to December 4, 1975

20. One hundred year flood - a flood that, on the average, is likely to occur once every one-hundred (100) years (i.e. that has one (1) percent chance of occurring every year, although the flood may occur in any year).

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

22. Recreational Vehicle a vehicle which is (i) built on a single chassis, (ii) not more than 400 square feet, measured at the largest horizontal projections, (iii) designed to be self- propelled or permanently towable by a light-duty truck, (iv) not designed for use as a permanent dwelling but s temporary living quarters for recreational, camping, travel, or seasonal use.

23. Regulatory Flood Elevation - the one-hundred (100) year flood elevation plus a freeboard safety or one and one-half (1 1/2) feet.

24. Structure 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.

25. Subdivision - the division or re-division 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, or lease, transfer of ownership or building or lot development.

26. Substantial Damage - damage from any cause sustained by a structure whereby the cost of restoring the structure to is before-damaged condition would equal or exceed fifty 950) percent or more of the market value of the structure before the damage occurred.

27. Substantial Improvement any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals fifty(50) percent of the market value of the structure before the "start of construction" of the improvement. Also, this term includes any alteration, construction, reconstruction or other work which does not meet the term "minor improvement" as described above. This term includes structures which have incurred, "Substantial damage" regardless of the actual repair work performed, The term does not, however include either: 

(a) 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

(b) Any alterations of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Ordained and Enacted by the Council of the Borough of Bolivar, at a duly advertised and convened meeting, wherein at least a quorum was present and this ordinance was voted upon and enacted this 24th day of February 1998.

Rudolph G. Sisitki

Council President


Julianna Huffman


Everett Saxton


Original Ordinance in Vault