[Ord. 2012-5, 10/10/2012, § 5.01]
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 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.
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]
The identified floodplain area shall consist of the following
specific areas:
A.
The Floodway Area/District identified as a 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)
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)
No new construction or development shall be allowed, unless a permit
is obtained from the Department of Environmental Protection regional
office.
B.
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)
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 base flood elevation than one foot at any point.
(2)
No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
regional office.
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
one-percent-annual-chance 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 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.
D.
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
[Ord. 2012-5, 10/10/2012, § 5.03]
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, 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.
[Ord. 2012-5, 10/10/2012 § 5.04]
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. 2012-5, 10/10/2012 § 5.05]
1.
General.
A.
Alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection regional office.
(2)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and Pennsylvania Department of Community and Economic
Development shall be notified prior to any alteration or relocation
of any watercourse.
B.
Technical or scientific data shall be submitted by Kingston Township
to FEMA for a Letter of Map Revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when an LOMR
or a Conditional Letter of Map Revision (CLOMR) is required are:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zones A1-30 and AE without a designated
floodway which will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this Chapter and any other applicable
codes, ordinances and regulations.
D.
Within any identified floodplain area, as defined herein, new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse.
[Ord. 2012-5, 10/10/2012 § 5.06]
1.
Residential Structures.
A.
In AE, A1-30, and AH Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
B.
In A Zones, where there are no base flood elevations specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation determined in accordance with § 502C
of this Chapter.
C.
In AO Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
D.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be
utilized.
2.
Nonresidential Structures.
A.
In AE, A1-30 and AH Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
B.
In A Zones, where no base flood elevations are specified on the FIRM,
any new construction or substantial improvement shall have the lowest
floor (including basement) elevated or completely floodproofed up
to, or above, the regulatory flood elevation determined in accordance
with § 502C of this Chapter.
C.
In AO Zones, any new construction or substantial improvement shall
have its lowest floor elevated or completely floodproofed above the
highest adjacent grade to at least as high as the depth number specified
on the FIRM.
D.
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which States that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
E.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be
utilized.
3.
Space Below the Lowest Floor.
A.
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
B.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
4.
Historic Structures. See the definition of "substantial improvement"
in Part 3 for requirements for the substantial improvement of any
historic structures.
5.
Accessory Structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry but shall comply,
at a minimum, with the following requirements:
A.
The structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
B.
Floor area shall not exceed 750 square feet.
C.
The structure will have a low damage potential.
D.
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
F.
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
G.
Sanitary facilities are prohibited.
H.
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Ord. 2012-5, 10/10/2012 § 5.07]
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all
points;
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical foot to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect adjacent
properties.
B.
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within any
identified floodplain area, except in strict compliance with all State
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA No. 348
(Protecting Building Utilities From Flood Damages), and the "International
Private Sewage Disposal Code" shall be utilized.
D.
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or,
in times of flooding, could be injurious to human, animal, or plant
life, and not listed in § 508 (Development Which May Endanger
Human Life), shall be stored at or above the regulatory flood elevation
and/or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel Supply Systems. All gas and oil-supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code Coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other sections and subsections of this Chapter, to the extent that
they are more restrictive and/or supplement the requirements of this
Chapter:
(1)
International Building Code (IBC) 2009 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612 and 3402 and Appendix G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109 and R323, Appendix AE101,
Appendix E and Appendix J.
[Ord. 2012-5, 10/10/2012 § 5.08]
1.
In accordance with the Pennsylvania Flood Plain Management Act and
the regulations adopted by the Department of Community and Economic
Development, as required by the Act, any new or substantially improved
structure, which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section and in addition to all other applicable
provisions. The following is a list of materials and substances that
are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Sodium
| |
|
Sulphur and sulphur products
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
2.
Within any floodway area, any structure of the kind described in Subsection 1, above, shall be prohibited.
3.
Within any floodplain area, any new or substantially improved structure of the kind described in Subsection 1, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
4.
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection 1, above, shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation and designed to prevent pollution from the structure or activity during the course of a base flood elevation. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
[Ord. 2012-5, 10/10/2012, § 5.09]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a Conditional Letter of Map Revision
or Letter of Map Revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
[Ord. 2012-5, 10/10/2012, § 5.10]
1.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
2.
Within any approximate floodplain or special floodplain area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
3.
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
4.
Installation
of manufactured homes shall be done in accordance with the manufacturer's
installation instructions as provided by the manufacturer. Where the
applicant cannot provide the above information, the requirements of
Appendix E of the 2009 International Residential Building Code or
the United States Department of Housing and Urban Development's
"Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, shall apply and 34 Pa. Code Chapters 401
through 405.
5.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot
be provided or were not established for the unit's proposed installation.
[Ord. 2012-5, 10/10/2012, § 5.11]
Recreational vehicles in Zones A, A1-30, AH and AE must either:
[Ord. 2012-5, 10/10/2012, § 5.12]
The development of the following uses and/or activities, including
new construction, expansion, enlargement, and/or substantial improvement,
is hereby prohibited in any area of a designated one-hundred-year
floodplain:
[Ord. 2012-5, 10/10/2012, § 5.13]
1.
Existing Structures. The provisions of this Chapter do not require
any changes or improvements to be made to lawfully existing structures.
However, when an improvement is made to any existing structure, the
provisions of § 574.2 (Variance Procedures and Conditions)
shall apply.
2.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be allowed
within any special floodplain area that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this Chapter.
D.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
E.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this Chapter.
[Ord. 2012-5, 10/10/2012, § 5.14]
1.
General. If compliance with any of the requirements of this Chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Zoning Hearing Board of Kingston Township
may, upon request, grant relief from the strict application of the
requirements.
2.
Variance Procedures and Conditions. Requests for variances shall
be considered by the Zoning Hearing Board of Kingston Township in
accordance with the procedures contained in § 411 (Appeals)
of this Chapter and the following:
A.
No variance shall be granted for any construction, development, use,
or activity within any identified floodplain that would cause any
increase the base flood elevation.
B.
No variance shall be granted for any use, activity and/or development
that is prohibited under § 512 (Prohibited Uses) of this
Chapter.
C.
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by § 508 (Development Which May Endanger Human Life).
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
In granting any variance, the Zoning Hearing Board of Kingston Township
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare
and to achieve the objectives of this Chapter.
G.
In reviewing any request for a variance, the Zoning Hearing Board
of Kingston Township shall consider, at a minimum, the following:
H.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board of Kingston Township. In
addition, a report of all variances granted during the year shall
be included in the annual report to the FEMA.
3.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
