The intent of this chapter 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.
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 Muhlenberg
Township unless a building permit ("permit") has been obtained from
the Floodplain Administrator, if so required by this chapter.
B.
A permit shall not be required
for minor repairs to existing buildings or structures.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
code or 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 chapter, the
more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
A.
The degree of flood protection
sought by the provisions of this chapter 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 chapter 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 chapter shall not create
liability on the part of Muhlenberg Township or any officer or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.