[Ord. 974, 3/17/2016]
1. 
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 citizenry. Therefore, the Borough Council of the Borough of Elizabethtown, Lancaster County, Pennsylvania, does order the following.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2. 
The regulations contained in this chapter governing the development and use of land subject to stormwater runoff are established for the following purposes:
A. 
To avoid or lessen the hazards to persons or damage to property resulting from the accumulation of or runoff of stormwater and floodwaters.
B. 
To promote public health, safety, and the general welfare of the community.
C. 
To protect stream channels from encroachment.
D. 
To maintain the existing capacity of the floodplain to pass floodwaters.
E. 
To permit only uses and alterations to floodplain lands that are not hazardous during flood periods.
F. 
To provide for public awareness of flooding potential in order to discourage and protect unwary individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
G. 
To control development, which acting alone, or in combination with other development, will create an additional demand for unjustified public investment in flood control or infringe upon the freedom of individual property owners to enjoy their property by causing unacceptable increases in flood heights or velocities.
H. 
To regulate streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and construction thereof, and to regulate the erection or construction use of same, located in the floodplain as delineated on the Elizabethtown Borough Floodplain Map.
I. 
To regulate building and housing constructions, alteration, extension, repair and maintenance.
J. 
To maintain peace, good government, safety and welfare of the Borough and its trade, commerce, business development, manufacturers and approved land use.
K. 
To provide for erosion and sedimentation control.
L. 
To comply with federal and state floodplain management requirements, rules and regulations.
[Ord. 974, 3/17/2016]
These regulations shall apply to all lands within the Borough of Elizabethtown affected by flooding, including but not limited to land shown on the official Borough Floodplain Map as being located within the boundaries of the five-hundred-year floodplain.
[Ord. 974, 3/17/2016]
Where interpretation is needed concerning the exact location of any boundary of the Floodway or Flood-Fringe District, Borough Council shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to Borough Council and to submit his own technical evidence if he so desires. The Planning Commission shall review the application and shall make a written recommendation prior to Borough Council making such necessary determination.
[Ord. 974, 3/17/2016]
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.