Subchapter A. GENERAL PROVISIONS
Sec.
85.1. Definitions.
85.2. Scope.
85.3. Purpose.
85.4. Violations.§ 85.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Bluff Recession and Setback Act (32 P. S. § § 5201—5215).
Bluff—A high bank or bold headland with a broad precipitous cliff face overlooking a lake.
Bluff line—The edge or crest of the bluff.
Bluff recession—The loss of material along the bluff face caused by the direct or indirect action by one or a combination of groundwater seepage, water currents, wind generated water waves or high water levels.
Bluff recession hazard area—An area or zone where the rate of progressive bluff recession creates a substantial threat to the safety or stability of nearby existing or future structures or utility facilities.(Editor’s Note: Section 2 of the act of July 7, 2011 (P. L. 301, No. 72) (Act 72) revised the definition of ‘‘bluff recession hazard area’’ in section 3 of the act (32 P. S. § 5203) by adding the following: ‘‘The term shall not include any area where the horizontal distance, measured perpendicular to the shoreline, between the shoreline and the bluff toe is in excess of 250 feet and such area shall not be subject to any Environmental Quality Board regulations or municipal setback ordinance or regulation established under this act.’’)
Bluff setback ordinance and regulations—Building codes, zoning ordinances, subdivision regulations, health regulations, special purpose ordinances and other applications of the police power, which provide standards for the location of structures and facilities in bluff recession hazard areas.
Department—The Department of Environmental Protection of the Commonwealth.
Development—Development shall be defined as follows:(i) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose including, but not limited to one of the following:
(A) A group of two or more buildings.
(B) The division or allocation of land or space 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.
(ii) A subdivision of land.
High bank—A bank over 5 feet high.
Lake—A body of fresh water covering at least 9,000 square miles.
Market value—The value of a structure determined by a certified appraisal or by determining the assessed value of a structure and applying the assessment ratio of the county in which the structure is located.
Minimum bluff setback distances—The shortest horizontal distance from a point on the bluff line to a point on a structure.
Municipality—A county, city, borough, town or township or any other governmental unit when acting as an agent thereof or any combination thereof acting jointly.
Parcel—A piece of ground that existed as an independent tax lot on the records of the county prior to its inclusion in designated bluff recession hazard areas of a municipality.
Person—An individual, partnership, public or private association or corporation, firm, trust estate, municipality, governmental unit, public utility or other legal entity which is recognized by law as the subject of rights and duties. Whenever used in any section prescribing or imposing a penalty, the term ‘‘person’’ includes the members of a partnership, the officers, members, servants and agents of an association, officers, agents and servants of a corporation, but excludes any department, board, bureau or agency of the Commonwealth.
Plat—A map, drawing or print accurately drawn to scale showing the proposed or existing location of all structures.
Structure—A man made object having an ascertainable stationary location on or in land whether or not affixed to the land; structures are classified into three categories residential, commercial and light and heavy industrial.(i) Residential structures are defined as a place providing habitation for an individual or group of individuals. Structures in this category include, but are not limited to single family homes, duplexes and summer cottages as well as any secondary structure associated with the residential structure.
(ii) Commercial structures are defined as a place where commodities are exchanged, bought or sold. Structures in this category include, but are not limited to grocery stores, hardware stores, clothing shops and pharmacies as well as any secondary structure that is associated with the commercial structure.
(iii) Light and heavy industrial structures are defined as a place where materials are refined, produced or fabricated and stored prior to shipment to commercial establishments. Structures in this category include but are not limited to factories, power plants and warehouses, as well as a secondary structure that is associated with the industrial structure. Hospitals, nursing homes, schools and other public service facilities, because of the dangers inherent in bluff recession, will for purposes of setback requirements be considered light and heavy industrial structures.
Structure life span—The useful life of the structure considering both economic and physical factors.
Substantial improvement—Substantial improvement shall be defined as follows:(i) A repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure either:
(A) Before the improvement or repair is started.
(B) If the structure has been damaged and is being restored, before the damage occurred.
(ii) Repair, reconstruction, or improvement of a structure occurring over a 5 year period, the aggregate cost of which equals or exceeds 50% of the market value of the structure either:
(A) Before the first improvement or repair is started.
(B) If the structure has been damaged and is being restored, before the damage occurred.
(iii) 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 any project for improvement of a structure to comply with existing State or local health, sanitary, or safety specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
(Editor’s Note: Section 2 of Act 72 added the following definitions to section 3 of the act:
‘‘Bluff toe—The base of a bluff.
Shoreline—The ordinary high water mark of Lake Erie of 573.4 feet as defined in accordance with the International Great Lakes Datum 1985 (IGLD 1985) as recognized by the United States Army Corps of Engineers.’’)
Source The provisions of this § 85.1 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (234475) to (234477).
§ 85.2. Scope.
This chapter is adopted in accordance with the duties relating to bluff recession placed on the Department by the act, and applies to all municipalities designated as having bluff recession hazard areas and to all persons constructing, installing or engaging in substantial improvement to any structure or utility facility within bluff recession hazard areas.
Source The provisions of this § 85.2 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234477).
§ 85.3. Purpose.
The basic purposes of the act and this chapter are as follows:
(1) Encourage planning and development in bluff areas which is consistent with sound land use practices.
(2) Protect people and property in bluff areas from the dangers and damages associated with the inevitable recession of bluffs.
(3) Prevent and eliminate urban and rural blight which results from the damages of bluff erosion and recession.
(4) Minimize the expenditure of public and private funds for shoreline protection and bluff stabilization structures and activities.
(5) Authorize a comprehensive and coordinated program to regulate development activities through the use of setback ordinances in bluff recession hazard areas to preserve and restore the natural ecological systems, and to prevent continuing destruction of property and structures.
(6) Encourage local administration and management of bluffs consistent with the duty of the Commonwealth as trustee of natural resources, and the constitutional right of the people to the preservation of the natural, scenic, aesthetic and historic values of the environment.
§ 85.4. Violations.
A municipality that fails to adopt and submit a bluff setback ordinance and regulations or fails to properly administer this chapter will be found in violation of the act and will be subject to the sanctions provided for in the act. A person who violates the provisions of the act or this chapter shall be subject to the sanctions provided for in the act.
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