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Jamestown
Town of Jamestown Zoning Ordinance
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§ 82-801

Community flood plain ordinance for special flood hazard areas

  • A. Statement of purpose. The purpose of this chapter is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Jamestown elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

  • B. Applicability. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Jamestown designated as Zone A, AE, AH, AO, A99, V, or VE on the Newport County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Newport County FIRM that are wholly or partially within the Town of Jamestown are panel numbers 44005C0059J, 44005C0067J, 44005C0069J, 44005C0078J, 44005C0088J, 44005C0157J, 44005C0159J and 44005C0176J dated September 4, 2013 (as periodically amended). The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Newport County Flood Insurance Study (FIS) report dated September 4, 2013. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the town clerk, planning commission, and building official.

  • C. Administrative Provisions.

Use permit. All proposed construction or other development within a special flood hazard area shall require a permit.

If the construction or other development within a special flood hazard area is not covered by a building or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the building official and shall include:

    • 1) The name and address of the applicant;

    • 2) An address or a map indicating the location of the construction site;

    • 3) A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

    • 4) A statement of the intended use of the structure;

    • 5) A statement as to the type of sewage system proposed;

    • 6) Specification of dimensions of the proposed structures;

    • 7) The specific datum used for all elevations;

    • 8) The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

    • 9) Base flood elevation data for all new, relocated or substantially improved structures;

    • 10) The elevation (in relation to mean sea level) to which the structure will be floodproofed;

    • 11) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

A permit fee (based on the cost of the construction) may be required to be paid to the Town of Jamestown and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.

Disclaimer of liability. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

Severability. If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.

Abrogation and greater restriction. This chapter shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this chapter imposes a greater restriction, the provisions of this chapter shall control.

  • D. Notification of watercourse alteration. In a riverine situation, the building official shall notify the following of any alteration or relocation of a watercourse:

• Adjacent communities

• Bordering states (optional)

• NFIP state coordinator

• Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

• NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

The carrying capacity of the altered or relocated watercourse shall be maintained.

  • E. Use regulations.

    • 1) Reference to existing regulations. The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

• Rhode Island State Building Code (SBC-1-2007 as established under G.L. 1956, ch. 23-27.3);

• Coastal Resources Management Program, Coastal Resource Management Council (G.L. 1956, ch. 46-23)

• Freshwater Wetlands Act, Department of Environmental Management (G.L. 1956, § 46-23-6)

• Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (G.L. 1956, ch. 46-12)

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

    • 2) Other use regulations.

      • a) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Jamestown FIRM or flood boundary and floodway map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

      • b) All subdivision proposals must be designed to assure that:

• Such proposals minimize flood damage;

• All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

• Adequate drainage is provided to reduce exposure to flood hazards.

      • c) Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:

• The structure is no more than 100 square feet in size and has a value less than $1,000.00.

• The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

• The structure is used solely for parking of vehicles and/or limited storage.

• The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.

• The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

• Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

• The structure must not increase the flood levels in the floodway.

      • d) Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.

    • 3) Base flood elevation and floodway data.

      • a) Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

      • b) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

      • c) Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.

(Ord. of 2-3-2025(1), § 1(Exh. A))