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 governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Chambersburg Borough Council of the Borough of Chambersburg does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The specific intent of these special provisions are:
A. 
To regulate the use, activities, subdivision or development of land alone or in combination with existing uses within any designated floodplain in order to promote the good health, welfare and safety of the community and to comply with applicable federal and state floodplain management requirements.
B. 
To require that each building site in flood-prone areas be provided with adequate access and minimal danger of future flood damage through the encouragement and utilization of safe and appropriate methods of construction, and that public facilities (including water supply and natural drainage) are designed, installed, maintained, and protected to minimize danger to public health and to preclude flooding at the time of initial construction.
C. 
To protect individuals and reduce financial burdens imposed on the community, local municipalities, and their residents by preventing excessive development in flood-prone areas and prohibiting the improper subdivision or development of unprotected lands within designated floodplain districts.
D. 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
E. 
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.
A. 
No structure or 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.
B. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development in any identified floodplain anywhere within the Borough of Chambersburg unless a land use permit has been obtained from the Floodplain Administrator.
This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance 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 chapter, the more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
A. 
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. 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 floodplain area or that land uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Borough of Chambersburg or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.