A.
Declaration of specific intent. The purpose of intent of these provisions are to prevent the following: loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(1)
Regulating uses, activities and developments which, acting along or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and/or frequencies.
(2)
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to lands within the jurisdiction of the City of Lock Haven shown on the official Flood Insurance Rate Map (FIRM) of the City of Lock Haven as being located within the boundaries of the Floodplain District.
C.
Compliance. No parcel of land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
D.
Prior to the issuance of any building permit, the Building Code Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
E.
Interpretation of district boundaries. Where interpretation is needed concerning the exact location of any boundary of or regulatory elevation within the Floodplain District, the Zoning Hearing Board shall make the necessary determination. In making such determinations, the Planning Commission shall review each case under the advisement of the City Engineer, City Planner and Code Enforcement Officer, and shall report its findings to the Zoning Hearing Board within 30 days of receipt thereof. The persons questioning or contesting the district boundary or regulatory elevation shall be given a reasonable opportunity to present his case to the Zoning Hearing Board and to submit technical evidence. The Zoning Hearing Board shall render a written decision within 45 days after the last hearing before the Board.
F.
Repealer and savings clause. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is the intent that this shall establish complete and exclusive floodplain management rules and regulations pertaining to construction, alteration, removal, demolition, equipment, use and occupancy and location and maintenance of buildings and structures and other development in the Floodplain District. Nothing contained in this chapter shall be construed to repeal any local or special law which is not contrary to this chapter.
G.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. 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 chapter does not imply that areas outside the floodplain districts, or that land uses permitted with such districts will be free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the City of Lock Haven or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made hereunder.
H.
Partial invalidity and severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this article, which shall remain in full force and effect, and for this purpose, the provisions of this article are hereby declared to be severable.
I.
Abrogation and greater restrictions for floodplain areas. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other article 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 article, the more restrictive shall apply.