[Ord. 2016-522, 3/22/2016]
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. 2016-522, 3/22/2016]
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within a flood-prone area in the Borough absent authorization
from the Floodplain Administrator.
B.
Authorization shall not be required for minor repairs to existing
buildings or structures within a flood-prone area if a building permit
is not lawfully required.
C.
For reference, the Flood Insurance Rate Map ("FIRM") and Flood Insurance
Study ("FIS") that apply to the Borough are those prepared for Montgomery
County, Pennsylvania, by the Federal Emergency Management Agency,
dated December 19, 1996, and subsequent revisions thereto.
[Ord. 2016-522, 3/22/2016]
This Part supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. 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 Part, the more restrictive
shall apply.
[Ord. 2016-522, 3/22/2016]
A.
The degree of flood protection sought by the provisions of this Part
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 Part does not imply that
areas outside any identified floodplain area or that land uses permitted
within such area will be free from flooding or flood damages.
B.
This Part 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 Part or any administrative decision lawfully
made thereunder.
[Ord. 2016-522, 3/22/2016]
This Part shall apply to all areas identified as flood-prone
within the jurisdiction of the Borough.
[Ord. 2016-522, 3/22/2016]
The Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood data available from Federal or state agencies
or other sources to identify flood-prone areas within the jurisdiction
of the Borough. This includes, but is not limited to, flood-prone
soils as designated by the NRCS-USDA web-based soil survey. This data
will be on file at Red Hill Borough Hall, 56 West Fourth Street, Red
Hill, Pennsylvania 18076.
[Ord. 2016-522, 3/22/2016]
The identification of flood-prone areas may be revised or modified
by the Council where studies or information provided by the Borough
Engineer or a qualified agency documents the need for such revision.
Additionally, as soon as practicable, but not later than six months
after the date such information becomes available, the Borough shall
notify FEMA of the changes by submitting supporting technical or scientific
data.
[Ord. 2016-522, 3/22/2016]
In the event of a dispute concerning any identified boundary
of a flood-prone area, an initial determination shall be made in writing
by the Red Hill Borough Planning Commission. Any party aggrieved by
this determination may file an appeal to the Council within 30 days
of the issuance of the written determination. The burden of proof
shall be on the appellant.
[Ord. 2016-522, 3/22/2016]
No structure or land located in a flood-prone area shall hereafter
be constructed, located, extended, converted, or altered without full
compliance with the terms of this Part and other applicable laws,
regulations and requirements. Violation of these requirements (including
violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the Council from taking such lawful action as is necessary
to prevent or remedy any violation.
