Construction or development in special flood hazard areas

A. Scope. The provisions of this section shall apply to any construction or other development which lies wholly or partly within special flood hazard areas designated as Zones A, AE, AH, AO, or A99 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 map, all subsequent amendments and revisions thereto, and the study are incorporated by reference. The FIRM and FIS are on file with the Town Engineer. The uses permitted and the dimensions and area requirements applicable to the respective zoning districts shall apply to special flood hazard areas, and the requirements set forth in this section shall be in addition to any requirements applicable in this chapter and in any other applicable regulation.
[Amended 6-14-2011 by Ord. No. 2011-6; 11-9-2015 by Ord. No. 2015-16]
B. Purpose. These regulations are designed to minimize hazards to persons and damage to property from inland and tidal flooding, to protect floodways from encroachment and to maintain the capacity of flood plains to retain and carry off flood waters. For the purpose of this section, "other development" shall be defined as any action which constitutes a use of land or structure, exclusive of actions which require the issuance of a building permit under the authority of the building code. Such development shall include, but shall not necessarily be limited to, the following:
- (1) Earth, gravel, mineral removal or extraction.
- (2) Alteration of the topography by cutting, filling or grading.
- (3) The storage of bulk materials outside of a structure.
- (4) Construction or placement of facilities not normally requiring a building permit such as fences, sheds, animal shelters, tanks, paved areas, retaining walls, drainage structures, and similar facilities.
C. Regulations. In addition to applicable requirements of the building code, subdivision regulations and this chapter, when applicable the following requirements shall apply to any construction or other development when located wholly or partly within special flood hazard areas:
- (1) Except where covered by a building permit issued by the Building Inspector under the authority of the building code, any proposed construction or other development shall require the issuance of a development permit by the Building Inspector.
- (2) Prior to the issuance of a development permit the applicant shall submit evidence that all necessary permits and approvals from all government agencies from which approval is required by federal or state law as a precedent to construction or other development have been obtained.
- (3) The applicant shall provide data showing the minimum and maximum elevation of the proposed site and shall provide the base flood elevation specified for the special flood hazard area. Such data shall be shown on permit application.
- (4) No watercourse may be altered in manner which will, in the opinion of the Building Inspector, result in any decrease in the water carrying capacity of the watercourse and no land shall be graded or altered in such a manner as to increase base flood levels within the Town of Johnston during the occurrence of base flood discharge. Where any alteration is permitted the Building Inspector shall notify adjacent communities, the Rhode Island Statewide Planning Program and the Federal Insurance Administration.
- (5) The filling of land if otherwise authorized may be permitted only under the following conditions:
  - (a) Said filling shall not encroach upon a watercourse as prescribed in Subsection C(4) above.
  - (b) Said filling shall not increase the potential flood level.
  - (c) Where it is determined that filling will raise the flood level, said filling shall be offset by the removal of an equivalent amount of material in the immediate vicinity of the area filled.
- (6) Within the regulatory floodway no encroachment including fill, new construction, substantial improvements to an existing structure or other development shall be permitted that will result in any increase in base flood levels within the community during the occurrence of base flood discharge.
- (7) Adequate drainage shall be provided for any construction or other development so as to reduce the exposure of the lot or site or any other land areas to flood hazards.
- (8) No outdoor storage of bulk materials or equipment shall be permitted in special flood hazard areas which is likely to cause damage to property, obstruction to flood waters, create a potential fire hazard or pollute the waters during flood periods. Such material or equipment shall include but not be limited to: lumber and other floatable materials, water soluble materials, volatile or flammable materials, acids or poisons.
- (9) Provision shall be made for anchoring facilities, equipment yard features which are capable of flotation or movement in flood waters. Such items shall include but not necessarily be limited to: fences, planters, sheds, animal shelters, tanks, storage boxes, vehicles, boats and other items normally positioned or stored on a lot or site outside of a structure.
- (10) A nonconforming use shall not be enlarged or extended when located in special flood hazard area.