A.Â
The identified floodplain area shall be: any areas of the Municipality
of Kingston classified as special flood hazard areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs), dated November 2, 2012, 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.
B.Â
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Municipality of Kingston
and declared to be a part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A.Â
The floodway area/district identified as Floodway in the FIS, which
represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively 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 floodplain areas where no floodway has been identified
in the FIS.
(1)Â
Within any floodway area, encroachments, including fill, new construction,
substantial improvements, or other development shall not be permitted
unless it has been demonstrated, 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.
(2)Â
No new construction or development shall be allowed unless a permit
is obtained from the Department of Environmental Protection's regional
office.
B.Â
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(1)Â
No permit shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE than one foot at any point.
C.Â
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
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable sources 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.
The identified floodplain area may be revised or modified by
the Council where studies or information provided by a qualified agency
or person documents the need for such revision. However, prior to
any such change, 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 by submitting technical or scientific data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the floodplain administrator,
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board of the Municipality of Kingston. The burden
of proof shall be on the appellant.
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 60.3.
