The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] 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 Board of Commissioners of Spring Garden Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The intent of this chapter is to:
A. 
Promote the general health, welfare, and safety of the community by:
(1) 
Regulating uses, construction and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocity and frequencies.
(2) 
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3) 
Requiring all those uses, construction activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
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 Township of Spring Garden, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
E. 
Comply with federal and state floodplain management requirements.
A. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within defined floodplain areas within Spring Garden Township unless a permit has been obtained from the Floodplain Administrator.
B. 
A permit shall not be required for minor repairs to existing buildings or structures.
This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
A. 
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.
B. 
This chapter shall not create liability on the part of Spring Garden Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
For purposes of this chapter, any reference to specific provisions of earlier versions of the IRC, the IBC or other applicable standards, shall be read to require compliance with the updated sections of the most current version of the IRC, IBC and ASCE as such versions become effective pursuant to the Pennsylvania Construction Code Act, Act 45 of 1999.