[Ord. No. 1245, 8/21/2023]
1. 
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 public and private losses due to flood conditions in areas prone to flooding.
F. 
Minimize danger to public health by protecting water supply and natural drainage.
G. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
H. 
Comply with federal and state floodplain management requirements.
[Ord. No. 1245, 8/21/2023]
1. 
The Flood Hazard District is established as a district as defined in § 8-401 of this chapter.
2. 
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 Flood Hazard District unless a permit has been obtained from the Floodplain Administrator.
3. 
A permit shall not be required for minor repairs to existing buildings or structures.
[Ord. No. 1245, 8/21/2023]
This chapter supersedes any other conflicting provisions which may be in effect in the Flood Hazard 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.
[Ord. No. 1245, 8/21/2023]
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.
[Ord. No. 1245, 8/21/2023]
1. 
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 Flood Hazard District or that land uses permitted within such areas will be free from flooding or flood damages.
2. 
This chapter shall not create liability on the part of the Borough of Emmaus or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. No. 1245, 8/21/2023]
1. 
In cases where there is a discrepancy between the mapped floodplain on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
2. 
If the elevation of the site in question is below the base flood elevation, that site shall be included in the 100-year floodplain and regulated accordingly.
3. 
If the elevation of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the 100-year floodplain, and the floodplain regulations will not apply. The property owner shall be advised to apply for a letter of map amendment through FEMA.