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Lincoln
Town of Lincoln Zoning Ordinance
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§ 260-46

Flood Hazard Overlay District (FHOD)

  • A. Purpose. The purpose of this overlay district is to minimize hazards to persons and property from inland flooding, to protect watercourses from encroachment and to maintain the capacity of floodplains to retain and carry off floodwaters. For the purpose of this section, "other development" is 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 Building Code. Such development shall include, but not necessarily be limited to, the following:
    • (1) Earth, gravel, and 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 sheds, tanks, paved areas and similar facilities.
  • B. Overlay district. The Flood Hazard Overlay District (FHOD) is hereby established and construed as an overlay district. The FHOD applies to any construction or other development which lies wholly or partly within Special Flood Hazard Zones A, A1-A30 as identified on the Town Flood Insurance Rate Maps (FIRM), and the National Flood Insurance Program and the Federal Emergency Management Agency on the "Floodway-Flood Boundary and Floodway Map of the Town of Lincoln, Rhode Island, Panel 4 of 9, Community-Panel Number 445400 0004, Map Revised: August 2, 1982," on file with the Town Clerk, Town Engineer, and Building Inspector. These maps as well as the accompanying Federal Emergency Management Agency — Flood Insurance Study, Town of Lincoln, Rhode Island, Providence County — February 2, 1982, are incorporated herein by reference. Within the FHOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide alternatives to such requirements.
  • C. Regulations. In addition to applicable requirements of the Building Code, the Town of Lincoln's Land Development and Subdivision Regulations, and this chapter, the following requirements shall apply to any construction or other development when located wholly or partly within Zones A, A1-A30:
    • (1) Except where covered by a building permit issued 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, state, or local law have been obtained.
    • (3) The applicant shall provide data showing the minimum and maximum elevation above sea level of the lot or site.
    • (4) No flood area may be altered or relocated nor shall any other encroachment be permitted in a manner which will, in the opinion of the Building Inspector, result in any decrease in flood-carrying capacity. Where any alteration or relocation is authorized, notification shall be made to the Rhode Island Department of Environmental Management and the office of the Federal Insurance Administration and adjacent communities.
    • (5) The filling of land may be permitted in Zone A only under the following conditions:
      • (a) Said filling shall not encroach upon a flood-prone area as prescribed in Subsection C(4) above.
      • (b) Where it is determined that filling will raise the flood level, said filling shall be offset by removal of an equivalent amount of material.
    • (6) 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.
    • (7) No outdoor storage of bulk materials or equipment shall be permitted in Zones A, A1-A30 which is likely to cause damage to property, obstruction of floodwaters, create a potential fire hazard or pollute the waters during flood periods. Such material or equipment shall include but not be limited to lumber or other floatable materials, water-soluble materials, volatile or flammable materials, acids or poisons.
    • (8) Provisions shall be made for anchoring facilities, equipment and yard features which are capable of flotation or movement in floodwaters. 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.
    • (9) In A, A1 - A30 Zones, for new or substantially improved mobile home parks:
      • (a) Stands or lots shall be elevated so that the lowest floor of the mobile home is at or above flood elevation.
      • (b) Adequate drainage and access for a hauler shall be provided.
      • (c) If pilings are used for elevation, construction standards for pilings shall be met.
  • D. Floodways adopted. Floodways are those portions of the special flood hazard area which must be preserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point. The floodway areas designated by the National Flood Insurance Program and the Federal Emergency Management Agency on the "Floodway — Flood Boundary and Floodway Map of the Town of Lincoln, Rhode Island, Panel 4 of 9, Community-Panel Number 445400 0004, Map Revised: August 2, 1982," are hereby adopted as the official regulatory floodway encroachment areas for this subsection. In the Floodway, as designated on the Flood Boundary and Floodway Map, the following provisions shall apply:
    • (1) All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in an increase in flood levels during the occurrence of the one-hundred-year flood.
    • (2) The placement of mobile homes, except in an existing mobile home park or mobile home subdivisions, are prohibited in the floodway.