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.
