Applicability; administrative provisions

A. Special flood hazard areas. 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 Johnston designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence 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 that are wholly or partially within the Town of Johnston, Community No. 440018, on panels 44007C0283H, 44007C0284H, 44007C0292H, 44007C0301H, 44007C0303H, 44007C0304J, 44007C0311H, 44007C0312H, 44007CIND0D (Map Index) of the Providence County Flood Insurance Rate Map (FIRM) dated October 2, 2015, issued by FEMA for the administration of the National Flood Insurance Program and described in the Flood Insurance Study (FIS) report 44007CV001C, 44007CV002C, and 44007CV003C, revised October 2, 2015. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) Report No. 44007CV001C, 44007CV002C, and 44007CV003C, revised October 2, 2015. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Building Official.
[Amended 11-9-2015 by Ord. No. 2015-17]
B. Administrative provisions.
- (1) 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:
  - (a) The name and address of the applicant;
  - (b) An address or a map indicating the location of the construction site;
  - (c) 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;
  - (d) A statement of the intended use of the structure;
  - (e) A statement as to the type of sewage system proposed;
  - (f) Specification of dimensions of the proposed structures;
  - (g) The specific datum used for all elevations;
  - (h) 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;
  - (i) Base flood evaluation data for all new, relocated or substantially improved structures;
  - (j) The elevation (in relation to mean sea level) to which the structure will be floodproofed;
  - (k) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
- (2) Evidence of receipt of necessary permits; permit fee.
  - (a) 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.
  - (b) A permit fee (based on the cost of the construction) may be required to be paid to the Town of Johnston and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the Building Official and/or Board of Appeals needs the assistance of a professional engineer.
- (3) Disclaimer of liability. The degree of flood protection required by the article is considered reasonable but does not imply total flood protection.
- (4) Severability. If any section, provision, or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of the article shall not be affected.
- (5) Abrogation and greater restriction. This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this article imposes a greater restriction, the provisions of this article shall control.