1. Where not prohibited by this or any other laws or ordinances, land 1ocated in flood-prone and mudslide-prone area(s) may be platted for development with the provision that the developer construct all buildings and structures to preclude flood and/or mudslide damage in accordance with this and any other laws and ordinances regulating such development.
2. No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the regulatory flood elevation more than 1 foot at any point.
3. Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area if the sites or dwelling units are elevated to a height at least 1 foot above the elevation of the regulatory flood. If fill used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
4. Building sites for structures or buildings other than for residential uses shall also not be permitted in any floodway area. Also such sites for structures or buildings outside the floodway shall be protected as provided for in subsection .2 above. However, the Borough Council may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation less than 1 foot above the regulatory flood if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.
5. If the Borough Council determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination. [Ord. 350]
6. When a developer does not intend to develop the plat himself and the Borough Council determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat. [Ord. 350]
(Ord. 164, 8/20/1965; as added by Ord. 248, 8/8/1975, § 3.0; as amended by Ord. 350, 5/6/1991, §3)