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), 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."
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or rescinded by Council.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.