§150-144. Boundary and appeals procedure.



A. In cases of any dispute concerning the boundaries of a Floodplain District, initial determination shall be made by the Township Engineer



B. Any party aggrieved by the decision of-the Township Engineer as to the boundaries of the Floodplain District,

as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or corrections indicated by additional detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XXIV of thus chapter and §§ 150-141, 150-142 and 150-143 herein The burden of proof shall be on the applicant

C. Insofar as various natural conditions, including the Floodplain District, as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers Whether a proposed use is within the Floodplain District shown on the Floodplain Overlay Map shall, upon appeal from the decision of the Township Engineer, be determined by the Zoning Hearing Board upon receipt of the petitioner The Zoning

Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Township Planning Commission and the validation of the Pennsylvania Department of Environmental Resources and/or other governmental agencies

D. All changes to the boundaries of the Floodplain District are subject to the review and approval of the Federal Insurance Administration, and such approval shall be submitted to the Zoning Hearing Board at the hearing

§150-145. Uses and/or structures rendered nonconforming.

A. Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain District and which does not conform to the permitted uses specified in § 150-138 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article

B. The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located or has been made nonconforming by this article, without consideration of this article, shall be governed by the requirements of the Zoning Ordinance However, the Zoning Hearing Board shall ensure that the standards contained in §150-143 herein are applied to the expansion or continuance of said nonconforming use or structure

§150-146. Township liability.

The grant of a zoning permit or approval of a subdivision plan in the Floodplain District shall not constitute a representation, guarantee or warranty of any kind by the township or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the township, its officials or employees