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 and safety by protecting water supply,
sanitary sewage disposal and natural drainage.
D. Reduce financial burdens imposed on the community, its governmental
units and its residents by preventing the unwise design and construction
of development in areas subject to flooding.
E. Comply with federal and state floodplain management requirements.
This chapter supersedes any ordinances currently in effect in
flood-prone areas. However, any underlying ordinance shall remain
in full force and effect to the extent that those provisions are more
restrictive.
[Amended 11-11-2009 by Ord. No. 540]
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 the Borough unless a building permit has been obtained
from the Building Code Official.
B. A building permit shall not be required for minor repairs to existing
buildings or structures.
C. Provisions of all other codes, ordinances and regulations shall be
applicable insofar as they are consistent with the provisions of this
chapter and the Borough's need to minimize the hazards and damage
resulting from flooding.
[Added 11-11-2009 by Ord. No. 540]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Added 11-11-2009 by Ord. No. 540]
A. The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur; 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 the Borough
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.