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 health, safety and the general welfare of its citizenry. Therefore, the Borough Council of the Borough of West Reading, Berks County, Pennsylvania, 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.
A. 
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 Borough which is not in strict conformance with the provisions of this chapter and until a permit has been obtained from the Floodplain Administrator.
B. 
A permit shall not be required for minor repairs to existing buildings or structures within any identified floodplain area.
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.
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 Borough, or any Council member, officer, employee or agent of the Borough, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.