This chapter may be cited as the "Delaware County Floodplain Protection Ordinance."
The Delaware County Council by authority of the Act of July 31, 1968 (P.L. 805, No. 247),[1] as amended, known as the "Pennsylvania Municipalities Planning Code," hereby adopts this chapter known as "The Delaware County Floodplain Protection Ordinance for Subdivision and Land Developments of 1977."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall become effective on the 20th day of November 1977 and shall remain in effect until modified, amended, or rescinded by Council.
The specific purpose of this chapter is:
A. 
To regulate the subdivision and/or development of land within any designated floodplain district in order to promote the general health, welfare, and safety of the residents of the County;
B. 
To require that each subdivision lot in flood-prone areas be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flooding at the time of initial construction;
C. 
To protect individuals from buying lands which are unsuitable for use because of flood by prohibiting the improper subdivision and/or development of unprotected lands within the designated floodplain districts;
D. 
To comply with Section 1910.3 of the National Flood Insurance Program Regulations of the Federal Insurance Administration.
This chapter shall apply to all subdivisions and land developments being undertaken in those cities, boroughs, or townships of the First or Second Class, wholly or partly within the County of Delaware, which are eligible for Federal Flood Insurance and which have no subdivision and/or land development ordinance in effect on the effective date of this chapter. In addition this chapter shall also apply to all subdivisions and land developments being undertaken in those cities, boroughs, or townships of the First or Second Class, wholly or partly within the County of Delaware, which are eligible for Federal Flood Insurance which have subdivision and/or land development ordinances in effect on the effective date of this chapter but that said ordinance does not contain provisions for floodplain protection as required by Section 1910.3 of the National Flood Insurance Program regulations. This chapter shall remain in effect until the city, borough or township of the First or Second Class adopts subdivision and land development ordinances containing provisions for floodplain protection which are in compliance with Section 1910.3 of the National Flood Insurance Program regulations, and a certified copy of such ordinance is filed with the Delaware County Planning Department together with certification of approval from the Federal Insurance Administrator.
The grant of approval of a plan for any proposed subdivision and/or land development to be located within any designated floodplain district shall not constitute a representation, guarantee, or warranty of any kind by the County of Delaware or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the County of Delaware, its officials or employees.