Borough of Phoenixville, PA Part 1 STATUTORY AUTHORIZATION AND GENERAL PROVISIONS

§ 8-101 Statutory authority.

[Ord. 2017-2275, 7/11/2017[1]]

The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[2] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Borough Council of the Borough of Phoenixville does hereby order as follows.

[1] Editor's Note: This chapter also provided for the repeal of former Ch. 8, Floodplains, adopted 8/12/2014 by Ord. 2237.

[2] Editor's Note: See 32 P.S. § 679.101 et seq.

§ 8-102 Intent.

[Ord. 2017-2275, 7/11/2017]

1. The intent of this chapter is to:

A. 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. Comply with federal and state floodplain management requirements.

§ 8-103 Applicability.

[Ord. 2017-2275, 7/11/2017]

It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough of Phoenixville unless a permit has been obtained from the floodplain administrator.

§ 8-104 Warning and Disclaimer of Liability.

[Ord. 2017-2275, 7/11/2017]

1. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur, or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter 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.

2. This chapter shall not create liability on the part of the Borough of Phoenixville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.