This chapter shall be known and shall be cited as the "Floodplain Ordinance of Manheim Township," as amended.
The floodplain regulations are enacted to reflect the policy goals of Manheim Township, as set forth in the Manheim Township comprehensive plan. The floodplain regulations are enacted for the following purposes.
A.
To promote, protect, and facilitate the public health, safety, morals and general welfare of the residents of the Township.
B.
To control accelerated runoff and erosion and sedimentation problems at their source by regulating activities which cause such problems.
C.
To utilize and preserve the desirable existing natural drainage systems within the Township.
D.
To maintain the existing flows and quality of watercourses in the Township and Commonwealth of Pennsylvania.
E.
To preserve and restore the flood-carrying capacity of watercourses.
F.
To 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.
G.
To restrict or prohibit certain uses, activities and developments that do occur in flood-prone areas to be protected or floodproofed against flooding and flood damage.
H.
To protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
A.
This chapter is enacted under the authority of the Flood Plain Management Act, of October 4, 1978, P.L. 851, No. 166, as amended, 32 P.S. § 679.101 et seq., and the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
B.
This chapter shall be considered a supplement to Chapter 500, Zoning, of this Code, of Manheim Township, as amended, and shall incorporate all provisions of Chapter 500, which are not expressly varied by the specific terms and requirements of this chapter, including, but not limited to, the provisions of Chapter 500 governing permits, administration, enforcement and remedies.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. If more stringent requirements concerning regulation of the 100-year floodplain are contained in these permits or approvals, the more stringent regulation shall apply.
The provisions of this chapter are severable, and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, any such decision of such court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter; and it is hereby declared to be the intention of the Commissioners that this chapter would have been enacted as if such illegal, invalid or unconstitutional section, sentence, clause, part of provision had not been included herein.
The granting of a permit or the making of any other administrative decision under this chapter, shall not constitute a representation, guarantee, or warranty of any kind by Manheim Township or by any official, agent, or employee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent or employee for any flood damage that may result pursuant thereto or as a result of reliance on this chapter. There is also no assurance that lands not included in the floodplain zone are now or ever will be free from flooding or flood damage.
Except as otherwise required by this chapter, it is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Commissioners, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Commissioners that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed, or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rules, regulations, or ordinances, or part thereof, or to punish any violation which occurred under any prior regulation or ordinance. In the event any violation has occurred under any prior ordinance governing the subject matter, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior ordinance, and the provisions and penalties provided in said ordinance shall remain effective as to such violation.