The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978, 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 Montgomery Township does hereby order in the FP Floodplain Conservation
District the following regulation shall apply.
No vacant land shall be occupied or used and no building hereafter
erected, altered or moved on the floodplains of any creek or stream
shall be occupied until a certificate of compliance shall have been
issued by the Code Enforcement Officer. The Code Enforcement Officer
shall request the applicant to submit a certification by a registered
professional engineer or land surveyor that the finished fill and
building floor elevations, floodproofing measures or other flood protection
factors were accomplished in compliance with the provisions of this
chapter. The Code Enforcement Officer shall, within 10 days after
receipt of such certification from the applicant, issue a certificate
of compliance only if the building or premises and the proposed use
thereof conform with all the requirements of this article.
The granting of a zoning permit or approval of a subdivision
or land development plan in or near the Floodplain Conservation District
shall not constitute a representation, guaranty or warranty of any
kind by the municipality or by any official or employee thereof of
the practicability or safety of the proposed use and shall create
no liability upon Montgomery Township, its officials or employees.
The degree of flood protection intended to be provided by this article
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. This article is not intended to imply
that areas outside Floodplain Conservation District boundaries or
land uses permitted within such districts will always be totally free
from flooding or flood damages.