(A) Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, and the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1) Regulating uses, activities and subdivision and land development which, acting alone or in combination with other existing or future uses, activities, subdivision and land development, will cause unacceptable increases in flood heights, velocities and frequencies;
(2) Restricting or prohibiting certain uses, activities, subdivision and land development from locating within areas subject to flooding;
(3) Requiring all those uses, activities, subdivision and land developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage; and
(4) Protecting individuals from subdividing and developing lands which are unsuited for intended purposes because of flood hazards.
(B) Applicability.
(1) These provisions shall apply to all subdivision and land development within the jurisdiction of the borough and shown on the official zoning map as being located within the boundaries of any floodplain district.
(2) The provisions of this shall be applicable, in addition to any other applicable provisions of this chapter, or any other ordinance, code or regulation.
(C) Dangerous material. In accordance with the Pennsylvania Floodplain Management Act, being 35 P.S. §§ 679.101 et seq., and the regulations adopted by the Department of Community Affairs as required by the Act, any new subdivision or land development which:
(1) Will be used for the production or storage of any of the following dangerous materials or substances;
(2) Will be used for any activity requiring the maintenance of a supply of more than 555 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
(3) (a) Will involve the production, storage or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions.
(b) The following list of materials and substances are considered dangerous to human life:
1. Acetone;
2. Ammonia;
3. Benzene;
4. Calcium carbide;
5. Carbon disulfide;
6. Celluloid;
7. Chlorine;
8. Hydrochloric acid;
9. Hydrocyanic acid;
10. Magnesium;
11. Nitric acid and oxides of nitrogen;
12. Petroleum products (gasoline, fuel oil and the like);
13. Phosphorus;
14. Potassium;
15. Sodium;
16. Sulphur and sulphur products;
17. Pesticides (including insecticides, fungicides and rodenticides); and
18. Radioactive substances, insofar as such substances are not otherwise regulated.
(D) Structure; Floodway District. Within any Floodway District any subdivision or land development intended to contain a structure of the kind described in division (C) above, shall be prohibited.
(E) Structure; Flood-Fringe District.
(1) Where permitted within any Flood-Fringe District, any subdivision or land development intended to contain a structure of the kind described in division (C) above, shall be:
(a) Elevated or designed and constructed to remain completely dry up to at least one and one-half feet above the 100-year flood; and
(b) Designed to prevent pollution from the structure or activity during the course of a 100-year flood.
(2) Any subdivision or land development intended to contain any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Floodproofing Regulations (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard).
(F) Variances. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.
(G) Compliance. No subdivision or land development shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
(H) Warning and disclaimer of liability.
(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 on rare occasions. Flood heights may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts, or that land use permitted within such districts, will be free from flooding or flood damages.
(2) 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.
(Prior Code, Ch. 22, § 901) (Ord. 173, passed 10-5-1970; Ord. 245, passed 5-5-1986, § 9.10)