Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents

§ 97-2 Intent.

The intent of this chapter is to:
A. 
Promote the general health, welfare, and safety of the community.
B. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. 
Minimize danger to public health by protecting water supply and natural drainage.
D. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E. 
Comply with federal and state floodplain management requirements.

§ 97-3 Applicability.

A. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Municipality of Kingston unless a permit has been obtained from the floodplain administrator.
B. 
A permit shall not be required for minor repairs to existing buildings or structures.

§ 97-4 Abrogation and greater restrictions.

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.

§ 97-5 Severability.

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.

§ 97-6 Warning and disclaimer of liability.

A. 
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or 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 areas, 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 Municipality of Kingston or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.