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 Borough Council ("Council") of the Borough of Elverson ("Borough") does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
This Floodplain Ordinance has been established to minimize the threat to public health, safety and general welfare of the Borough residents from periodic inundation which could result in loss of property, damage to structures and possible injury to people, the disruption of public and private activities and services, and burdensome public expenditures for flood protection and relief. In advancing this purpose and the general purposes of this chapter and the Borough Comprehensive Plan, the specific intent of this chapter includes the following:
A. 
Promote the general health, welfare and safety of the community.
B. 
Regulate uses, activities and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
C. 
Restrict or prohibit certain uses, activities and development from locating within areas subject to flooding.
D. 
Require all uses, activities and development that occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
E. 
Protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
F. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
G. 
Minimize danger to public health by protecting water supply and natural drainage.
H. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
I. 
Comply with federal and state floodplain management requirements.
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 Borough unless a floodplain permit has been obtained from the Floodplain Administrator.
This chapter shall supersede 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.
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 degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on 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 officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.