HARMONY — Borough council Tuesday night voted down a proposed ordinance that would have restricted development in a flood plain.

Council members voted 5 to 2 to reject the ordinance. The ordinance would have prevented new construction that could possibly add more than 4 inches of additional flooding to the plain.

Under the borough's current ordinance, which mirrors the Federal Emergency Management Agency's restrictions, any new development cannot cause more than 12 inches of possible additional flooding.

Councilmen Dave Szakelyhidi and Chuck Beighey voted for the ordinance.

Several councilmen expressed worry that the ordinance would prevent residents from making small developments on their properties.

Council was also unsure if a proposed development straddling both the borough and Jackson Township would be affected by the change.

TCDR Associates of Cranberry Township is proposing a 448-unit development called Creekside Manor on 46 acres near the Connoquenessing Creek. The development, which has been planned for more than a decade, was approved in both Jackson Township and Harmony in March 2004.

Residents who experienced flooding from the remnants of Hurricane Ivan in September 2004 have expressed concern that the development would imperil Harmony during future floods.

However, borough solicitor Matthew Marshall said the proposed development would not have been affected by the ordinance.

Mayor Cathy Rape had suggested the borough lower the allowable flood plain figure as little as possible, suggesting 1½ inches.

But Marshall said he had set the standard at 4 inches because it was the lowest he could find with legal standing and based it on other municipal standards.

He said council could choose to lower that standard below 4 inches, but the decision would be susceptible to challenges because the borough has no study suggesting the change.

Several borough residents have spoken against the proposed development, saying the new housing plan could have a major impact on the borough.

In April, Creekside Manor was delayed because of concerns with construction in the flood plain. Council has said it will not issue building permits for the plan until the developers do a flood plain study.