[1]
Editor's Note: Section 8 of this ordinance made the following
statement concerning municipal liability: "The degree of flood protection
sought by the provisions of this ordinance and the amendments thereto
are considered reasonable for regulatory purposes in the identified
flood-prone area(s). Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This ordinance does
not imply that areas outside any identified flood-prone area or that
land uses permitted within such areas will be free from flooding or
flood damages.
"This ordinance shall not create liability on the part of
the Borough of West View or any officer or employee thereof for any
flood damage that results from reliance on this ordinance or reliance
upon any administrative decision lawfully made thereunder."
[2]
Editor's Note: This ordinance amended this section to
delete the current language and replace it with language set forth
in the Pennsylvania Department of Community and Economic Development
suggested model ordinance. A complete copy of Ord. No. 1359 is on
file in the Borough offices and may be examined there during regular
office hours. Said Ord. No. 1359 was subsequently amended 11-13-1996
by Ord. No. 1367.
[Amended 11-8-1978 by Ord. No. 1226]
The delineation of any of the identified flood-prone area(s)
may be reviewed by the Borough of West View where natural or man-made
changes have occurred and/or where more detailed studies conducted
or undertaken by the United States Army Corps of Engineers, the River
Basin Commission or other qualified agency or individual documents
the notification for such changes. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration
(FIA).
Should a dispute concerning any district boundary arise, an
initial determination shall be made by the Municipal Planning Commission,
and any party aggrieved by this decision may appeal to the Council
of the Borough of West View. The burden of proof shall be on the appellant.