[Ord. 2012-5, 10/10/2012, § 5.01; as amended by Ord. No. 2024-01, 5/8/2024]
1. The identified floodplain area shall be any areas of Kingston Township
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated June 20, 2024, and issued by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof, including all
digital data developed as part of the Flood Insurance Study.
2. The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Kingston Township and declared
to be a part of this chapter.
[Ord. 2012-5, 10/10/2012, § 5.02; as amended by Ord. No. 2024-01, 5/8/2024]
1. The identified floodplain area shall consist of the following specific
areas:
A. The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM and the area measured 50 feet
landward from the top-of-bank of any watercourse.
(1) The following shall be the only uses permitted in the floodway, providing
that they do not require fill, structures, substantial improvements,
or the storage of materials or equipment, are not prohibited by any
other ordinance, and meet all requirements of this chapter.
(a)
Agricultural uses, such as general farming, pasture, orchard,
forestry, and wild crop harvesting, undertaken according to recognized
soil conservation practices, excluding fertilizer, herbicides, sod
farming, removal of topsoil and any structures normally associated
with agricultural uses.
(b)
Recreation uses that do not require structures such as park,
picnic grounds with anchored picnic tables, golf courses, archery,
hiking and riding trails, hunting fishing areas, as well as boat launching
facilities and swimming areas.
(c)
Wildlife sanctuary, nature preserve, fish hatchery and arboretum,
excluding any structures normally associated with such uses.
(d)
Residential and nonresidential yard areas, pervious parking
areas, gardens and play areas.
(2) Within any floodway area any development approved by permit (§ 502,
Subsection 1A(a) to (d), above) or variance (all other development)
must demonstrate through hydrologic and hydraulic analysis performed
in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(3) Within any floodway area, any development approved by the Township
and issued a permit or variance permit must also obtain a permit from
the Department of Environmental Protection regional office.
B. The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(1) The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(2) AE Area without floodway shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided but no floodway has been determined.
(a)
No permit shall be granted within any AE Zone without floodway.
No encroachments, including fill, new construction, substantial improvements,
or other development shall be permitted unless it has been demonstrated
through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the proposed development together
with all other existing and anticipated development, would not result
in an increase in flood levels of more than one foot within the entire
community during the occurrence of the base flood discharge.
C. The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
source shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. In lieu of the above,
the municipality may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
2. In the absence of any of the above data or documentation, the community
may require elevation of the lowest floor to be at least three feet
above the highest adjacent grade.
[Ord. 2012-5, 10/10/2012, § 5.03; as amended by Ord. No. 2024-01, 5/8/2024]
The identified floodplain area may be revised or modified by
the Kingston Township Board of Supervisors where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change to the special flood hazard
area, approval must be obtained from FEMA. Additionally, as soon as
practicable, but not later than six months after the date such information
becomes available, a community shall notify FEMA of the changes to
the special flood hazard area by submitting technical or scientific
data. See § 601, Subsection 1B, for situations where FEMA
notification is required.
[Ord. 2012-5, 10/10/2012 § 5.04; as amended by Ord. No. 2024-01, 5/8/2024]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Kingston Township
Floodplain Administrator, and any party aggrieved by this decision
or determination may appeal to the Kingston Township Zoning Hearing
Board. The burden of proof shall be on the appellant.
[Ord. No. 2024-01, 5/8/2024]
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR Part 60.3.