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 Swatara Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
This chapter shall be known and may be cited as the "Swatara
Township Floodplain Management Ordinance."
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 on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
E.
Comply with Section 60.3(d) of the National Flood Insurance Program
and the Pennsylvania Flood Plain Management Act (32 P.S. § 679.101).
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 Township unless a building permit has been obtained
from the floodplain administrator.
B.
A building permit shall not be required for minor repairs to existing
buildings or structures, provided that no structural changes or modifications
are involved.
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.
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. This chapter shall not create liability on the part
of the Township or any officer or employee thereof, including the
designated Township Engineer, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
thereunder.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such 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.
