§ 4-101. Intent .

   The intent of this Part is to:

      A.   Promote the general health, welfare, and safety of the community.

      B.   Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

      C.   Minimize danger to public health by protecting water supply and natural drainage.

      D.   Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

      E.   Comply with federal and state floodplain management requirements.

(Ord. 2015-07, 11/23/2015)

§ 4-102. Applicability .

   1.   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 Township of Dover unless a permit has been obtained from the Floodplain Administrator.

   2.   A permit shall not be required for minor repairs to existing buildings or structures.

(Ord. 2015-07, 11/23/2015)

§ 4-103. Abrogation and Greater Restrictions .

   This Part supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other Part 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 Part, the more restrictive shall apply.

(Ord. 2015-07, 11/23/2015)

§ 4-104. Severability .

   If any section, subsection, paragraph, sentence, clause, or phrase of this Part shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Part, which shall remain in full force and effect, and for this purpose the provisions of this Part are hereby declared to be severable.

(Ord. 2015-07, 11/23/2015)

§ 4-105. Warning and Disclaimer of Liability.

   1.   The degree of flood protection sought by the provisions of this Part 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 Part 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.

   2.   This Part shall not create liability on the part of the Township of Dover or any officer or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.

(Ord. 2015-07, 11/23/2015)

B. Administration

§ 4-111. Designation of the Floodplain Administrator.

   1.   The Zoning Officer is hereby appointed to administer and enforce this Part and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

      A.   Fulfill the duties and responsibilities set forth in these regulations,

      B.   Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees with the approval of the Board of Supervisors, or

      C.   Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations with approval by the Board of Supervisors. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

   2.   In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Building Code Official.

(Ord. 2015-07, 11/23/2015)

§ 4-112. Permits Required.

   A permit shall be required before any construction or development is undertaken within any designated floodplain area of the Township of Dover.

(Ord. 2015-07, 11/23/2015)