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 Supervisors of Franconia Township 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. 
Protect areas of the floodplain necessary to contain floodwaters.
B. 
Permit only those uses in the floodplain that are compatible with preserving natural conditions and stream flow.
C. 
Promote the general health, welfare, and safety of the community by preventing development in areas prone to flooding.
D. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
E. 
Minimize danger to public health by protecting water supply and natural drainage.
F. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
G. 
Comply with federal and state floodplain management requirements.
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 permit has been obtained from the floodplain administrator.
B. 
A permit shall not be required for minor repairs to existing buildings or structures.
This chapter supersedes any other conflicting provisions which may be in effect in the Floodplain Conservation District. 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.
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.
A. 
The granting of a zoning or building 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 Franconia Township, its officials or employees. 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, 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 the Floodplain Conservation District 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 officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.