The intent of this Part 7 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.
The provisions of this Part 7 shall regulate the design and
construction of buildings and structures and associated improvements
within any flood-prone area of Millcreek Township, and shall supplement
and not supersede regulations of general application governing design
and construction.
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 Millcreek Township unless a permit is obtained and
all regulations of this Part 7, as are applicable, are complied with
in the development and use of property.
B.
When an application for zoning permit is filed under Chapter 145, Zoning, the Floodplain Administrator shall review the application and other records to determine whether the proposed work or use is subject to the regulations of this Part 7. If these regulations do apply, the Zoning Administrator shall condition issuance of a zoning permit on compliance with regulations of this Part 7 and action on any application for construction permit shall also be conditioned on compliance with regulations of this Part 7.
C.
This Part 7 is not intended to establish a process independent of the Township's regulation of land use and development under Chapter 145, Zoning, and Chapter 125, Subdivision and Land Development, or of construction under Chapter 29, Part 3, Uniform Construction Code. The Floodplain Administrator shall be responsible to ensure that applicable regulations under this Part 7 are complied with in connection with procedures under other Township ordinances as they are applicable.[1]
[1]
Editor’s Note: Former Subsection D, regarding permits
for minor repairs, was repealed 5-23-2017 by Ord. No. 2017-10.
A.
The degree of flood protection sought by the provisions of this Part
7 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 7
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.
B.
This Part 7 shall not create liability on the part of the Township
of Millcreek or any officer or employee thereof for any flood damages
that result from reliance on this Part 7 or any administrative decision
lawfully made under this Part 7.
This Part 7 supersedes any other conflicting provisions that
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 7, the more restrictive
shall apply.
