[Ord. 2012-5, 10/10/2012 § 4.01; as amended by Ord. No. 2024-01, 5/8/2024]
1.
The Zoning Officer of Kingston Township is hereby appointed to administer
and enforce the provisions of this chapter and is referred to herein
as the Floodplain Administrator.
2.
General Duties of Floodplain Administrator. The Floodplain Administrator
may: A) fulfill the duties and responsibilities set forth in these
regulations; B) delegate duties and responsibilities set forth in
these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees; or C) upon approval of the Board
of Supervisors enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the municipality of
its responsibilities pursuant to the participation requirements of
the National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22.
3.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Kingston Township
Manager, or another person designated by the Board of Supervisors
as an interim Floodplain Administrator, until the appointment of or
the return to duty of the designated Floodplain Administrator.
[Ord. 2012-5, 10/10/2012 § 4.02; as amended by Ord. No. 2024-01, 5/8/2024]
A permit shall be required before any construction or development
is undertaken within any area of Kingston Township.
[Ord. 2012-5, 10/10/2012 § 4.03; as amended by Ord. No. 2024-01, 5/8/2024]
1.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this chapter and all other applicable
codes and ordinances.
2.
Prior to the issuance of any permit, the Floodplain Administrator
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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
[1]
Editor's Note: See35 P.S. § 750.1 et seq.,
32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et
seq., respectively.
3.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
proposed cost of improvements or repairs and the pre-improvement market
value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
4.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He or she shall make as many inspections during and upon
completion of the work as are necessary.
5.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
6.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
7.
The Floodplain Administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this chapter, including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
8.
The Floodplain Administrator is the official responsible for submitting
a biennial report to the FEMA concerning community participation in
the National Flood Insurance Program as requested.
9.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this chapter as the Floodplain Administrator.
10.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2018 International Building Code and the 2018 International
Residential Code, or latest revisions thereof, as adopted by the Commonwealth
of Pennsylvania.
[Ord. 2012-5, 10/10/2012 § 4.04; as amended by Ord. No. 2024-01, 5/8/2024]
1.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Kingston Township. Such application
shall contain the following:
A.
Name and address of the applicant.
B.
Name and address of the owner of the land on which proposed construction
is to occur.
C.
Name and address of the contractor.
D.
Site location, including address.
E.
A listing of other permits required.
F.
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this chapter and all other
applicable codes and ordinances;
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage;
C.
Adequate drainage is provided so as to reduce exposure to flood hazards;
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
and
G.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
3.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
A.
A completed permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)
The location of all existing streets, drives, and other accessways;
and
(5)
The location of any existing bodies of water or watercourses, identified
floodplain areas and, if available, information pertaining to the
floodway and the flow of water, including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
Supplemental information as may be necessary under 34 Pa. Code, the
2018 International Building Code or the 2018 International Residential
Code, or the latest revision thereof as adopted by the Commonwealth
of Pennsylvania.
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(3)
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area (See § 502, Subsection 1A) will not increase the base flood elevation at any point.
(4)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (See § 502, Subsection 1B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
(5)
A document, certified by a registered professional engineer or architect,
which states that the proposed construction or development has been
adequately designed to withstand the pressures, velocities, impact
and uplift forces associated with the base flood. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(6)
Detailed information needed to determine compliance with § 603, Subsection 1F, Storage, and § 604, Development Which May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances referred to in §§ 603, Subsection 1F, and 604 which are intended to be used, produced, stored or otherwise maintained on site.
(b)
A description of the safeguards incorporated into the design
of the proposed structure to prevent leaks or spills during a base
flood of the dangerous materials or substances listed in § 604.
(7)
The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
(8)
Where any excavation or grading is proposed, a plan meeting the requirements
of the Department of Environmental Protection, to implement and maintain
erosion and sedimentation control.
E.
Applications for permits shall be accompanied by a fee, payable to
Kingston Township, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
[Ord. 2012-5, 10/10/2012 § 4.05; as amended by Ord. No. 2024-01, 5/8/2024]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to the
County Conservation District for review and comment prior to the issuance
of a permit. The recommendations of the Conservation District may
be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
[Ord. 2012-5, 10/10/2012 § 4.06; as amended by Ord. No. 2024-01, 5/8/2024]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
[Ord. 2012-5, 10/10/2012 § 4.07; as amended by Ord. No. 2024-01, 5/8/2024]
After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
[Ord. 2012-5, 10/10/2012 § 4.08; as amended by Ord. No. 2024-01, 5/8/2024]
In addition to the permit, the Floodplain Administrator shall
issue a placard or similar document which shall be displayed on the
premises during the time construction is in progress. This placard
shall show the number of the permit and the date of its issuance and
be signed by the Floodplain Administrator.
[Ord. 2012-5, 10/10/2012 § 4.09; as amended by Ord. No. 2024-01, 5/8/2024]
1.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit and
shall be completed within 12 months after the date of issuance of
the permit or the permit shall expire, unless a time extension is
granted, in writing, by the Floodplain Administrator. The issuance
of the development permit does not refer to the zoning approval. The
actual start of construction means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
2.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request and the
original permit is compliant with the ordinance and FIRM/FIS in effect
at the time the extension is granted.
[Ord. 2012-5, 10/10/2012 § 4.10; as amended by Ord. No. 2024-01, 5/8/2024]
1.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
Be served upon the property owner or his agent as the case may require,
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
2.
Penalties, Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and upon conviction shall pay a fine to Kingston
Township of not less than $25 nor more than $600 plus costs of prosecution.
In addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by the Board of Supervisors to be a public
nuisance and abatable as such.
[Ord. 2012-5, 10/10/2012, § 4.11; as amended by Ord. No. 2024-01, 5/8/2024]
1.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Kingston Township Zoning Hearing Board.
Such appeal must be filed in writing within 30 days after the decision,
determination, or action of the Floodplain Administrator.
