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 the public health,
safety and general welfare of their citizenry. Therefore, the Board
of Supervisors 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.
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 upon the community, its governmental
units and its residents by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
It shall be unlawful for any person to undertake, or cause to
be undertaken, any construction or development anywhere within any
identified floodplain area within the Township which is not in strict
conformance with the provisions of this chapter and until a permit
has been obtained from the Floodplain Administrator.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas; provided, however,
all other provisions shall remain in full force and effect to the
extent that those provisions are more restrictive than the provisions
set forth in this chapter. If there is any conflict between any provision
of this chapter and any provision of any other chapter, the more restrictive
provision shall apply.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining sections, subsections, paragraphs,
sentences, clauses or phrases of this chapter. It is hereby declared
as the intent of the Board of Supervisors that this chapter would
have been adopted had such unconstitutional, illegal or invalid section,
subsection, paragraph, sentence, clause, or phrase thereof not been
included therein.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based upon
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 the Township,
or any supervisor, officer, employee or agent of the Township, for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
This chapter shall become effective on July 3, 2012, and shall
remain in full force and effect until modified, amended or rescinded
by the Township.
