The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local government units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizens. Therefore, the Council
of the City of Latrobe does hereby ordain as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The intent of this chapter is to promote the general health,
welfare and safety of the community; and minimize the danger to public
health by protecting water supplies and natural drainage; and reduce
financial burdens upon the community and the residents of Latrobe
by preventing excessive development in areas subject to flooding.
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 Latrobe unless an approved building permit has been
obtained from the Floodplain Administrator.
B.
A building permit shall not be required for minor repairs to existing
buildings or structures if not required by the existing Building Permit
Code of Latrobe.
The provisions of Chapter 166, Zoning, Chapter 140, Mobile Homes and Mobile Home Parks, Chapter 108, Building Construction, Chapter 121, Electrical Standards, Chapter 132, Housing Standards, and Chapter 154, Subdivision and Land Development, shall in all instances be applicable in the floodplain and the flood-prone areas. In the event of conflict between any provisions of the above-listed chapters and provisions of this chapter, then the most restrictive provision shall in all instances control.
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 any identified flood-prone
area or that land uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of Latrobe or any officer or employees thereof for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
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.
