A. To avoid or lessen the various hazards to persons resulting from tidal surges, inland and tidal flooding and the damage to property resulting from the accumulation and runoff of storm and floodwaters;
B. To protect floodways from encroachment;
C. To maintain the capability of the floodplain to retain floodwaters;
D. To provide for the development of the floodplain with uses not subject to severe damage by flooding and which are compatible with the other uses permitted in the various zones;
E. To permit only uses, improvements and practices in the floodplain that are not hazardous during flood periods;
F. To establish areas in which the elevation and floodproofing of structures and facilities must be regulated;
G. To avoid the creation of new flood problems;
H. To complement and enhance an overall flood plain management program and to comply with applicable provisions of the Comprehensive Community Plan. (back to top)
The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "Flood Insurance Study - Town of Middletown, Rhode Island, Newport County" revision of April 17, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, Community-Panel Numbers 445401-0001-0003, revision of June 16, 1992, and as may be amended from time to time, is hereby adopted by reference and declared to be a part of this Ordinance. (back to top)
A. "Area of Special Flood Hazard" means the land in the flood plain in the Town of Middletown subject to a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study, and as designated on the Flood Insurance Maps as Zones A1-30 and V1-30. Also known as a "one hundred year storm."
B. "Base Flood" means a flood having a one percent chance of being equaled or exceeded in any given year.
C. "Base Flood Elevation" or "Base Flood Level" means the elevation above mean sea level (NGVD) of the base flood.
D. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure any mining, excavation, landfill or land disturbance; any change in use or alteration or extension of the use of land.
E. "Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The area is designated on the Flood Boundary and Floodway Maps.
F. "Substantial Improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure, either, (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition ìsubstantial improvementî is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
G. "Coastal High Hazard Area" means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on the Flood Insurance Rate Maps as Zones V1-30. (back to top)
A building permit shall be obtained before Development, as defined in Section 1002 above, begins within any Area of Special Flood Hazard established in Section 1001. Building permits shall be obtained from the Building Inspector of the Town of Middletown and shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the Town of Middletown and the laws of the State of Rhode Island and the Federal Government.
An application for a permit for development in an Area of Special Flood Hazard shall be submitted to the Building Inspector, and shall contain, in addition to any other applicable requirements of this Ordinance, the following information;
A. Elevation in relation to mean sea level (NGVD) of the lowest floor (including basement) of all new, substantially improved or relocated structures;
B. Elevation in relation to mean sea level (NGVD) to which any structure has been or will be flood-proofed;
C. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
D. A grading plan and site plan to show base flood elevation data of the lot and proposed alterations thereto. (back to top)
The Building Inspector shall:
A. Review all applications for a building permit for construction or development within an Area of Special Flood Hazard to determine that the permit requirements of this Ordinance have been satisfied;
B. Issue a permit when a review of the proposed Development has determined that the proposed development is consistent with all applicable standards and requirements contained in this Section and in compliance with this Ordinance.
C. Require that all necessary permits are obtained from those federal, state and local government agencies from which approval is required prior to commencing construction of the development;
D. Maintain, as a permanent record, copies of all building permits issued under the provisions of this Section, and data of elevation and flood-proofing levels for new construction and/or substantial improvements;
E. Notify adjacent communities and the Statewide Planning Program prior to alteration or relocation of a watercourse and submit copies of such notification to the Federal Emergency Management Agency;
F. Make interpretations of the location of boundaries of Areas of Special Flood Hazard;
G. In the absence of base flood elevation data provided by the Federal Emergency Management Agency, consider other available base flood elevation data available from federal, state or other sources as a basis for elevating structures to or above the base flood level and to administer standards of development as required by this Ordinance, or by the Rhode Island State Building Code. (back to top)
In Areas of Special Flood Hazard, all development shall meet the following standards:
A. All applicable provisions of the Rhode Island State Building Code, Rules and Regulations for Construction in Flood Hazard Areas, SBC-5-77, dated July 1, 1977, revised November 1, 1981, and subsequent amendments thereto;
B. All development shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of any watercourse;
C. New residential structures; relocation or substantial improvement of existing residential structures shall be permitted, provided that the lowest floor, including the basement, shall be elevated to or above base flood elevation, unless an exception on basement is granted to the applicant by the Federal Emergency Management Agency;
D. Mobile homes, if permitted by other provisions of this Zoning Ordinance, shall be anchored in accordance with the specifications of the Rhode Island State Building Code. New mobile homes and modular homes, if permitted under applicable provisions of this Zoning Ordinance, and relocated or substantially improved existing mobile or modular homes shall have stands or lots elevated to or above base flood elevation; shall have adequate surface drainage and access provided for a hauler; and, if pilings are used for elevation, said pilings shall be adequately designed by a registered professional engineer so as to resist flood damage;
E. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the base flood elevation or together, with attendant utility and sanitary facilities, shall be flood-proofed in accordance with applicable provisions of the Rhode Island State Building Code.
F. All new construction and substantial improvements, including mobile homes, shall:
1) be anchored to prevent flotation, collapse or lateral movement of the structure;
2) be constructed with materials and utility equipment resistant to flood damage;
3) be constructed using methods and practices that minimize flood damage;
G. All new and replacement water supply systems sanitary sewerage systems, on-site waste disposal systems, and all electric, communication, gas and other utilities shall be designed and located to minimize or eliminate infiltration of flood waters into or discharge from the system, and to avoid impairment of these systems. (back to top)
In Coastal High Hazard Areas, designated as Zones V1-30 on the Flood Insurance Rate Maps, all development shall meet the requirements of Section 1005 above, plus the following standards:
A. All new construction shall be located landward of the reach of mean high tide;
B. There shall be no alteration of sand dunes which would increase potential flood damage;
C. The placement of mobile homes is prohibited except in an existing mobile home park or mobile home subdivision. (back to top)
Located within Areas of Special Food Hazard established in Section 1001 are areas designated as ìfloodways.î since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions in addition to the provisions of Section 1005 above shall apply:
A. All encroachments, including fill, new construction, substantial improvements and other developments are prohibited, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. The placement of mobile homes is prohibited except in an existing mobile home park or mobile home subdivision. (back to top)
No material shall be stored in an Area of Special Flood Hazard or in flood fringe lands, which is likely to cause an obstruction, create a fire hazard or pollute the water during flood period. Such materials include, but are not limited to, substantial quantities of lumber and other floatable materials, volatile materials, acids, poisons, hazardous wastes, liquids other than water and soluble materials. (back to top)
Except for the provisions of this Section as they apply to Areas of Special Flood Hazard, all other zoning regulations for the zoning district in which the subject land or development is located shall continue in full force and effect. (back to top)
Variances from the provisions of this Section and appeals of the decision of the Building Inspector in the enforcement and administration of this Section shall be made to the Middletown Zoning Board of Review in accordance with the provisions of this Ordinance, except insofar as the variance requested or the decision of the Building Inspector appealed from relates to the Rhode Island State Building Code, in which case the procedure followed shall be as set forth in R.I.G.L. Sections 23-27.3 - 127.2.5 as amended.
In hearing and deciding such variances and appeals, the Zoning Board shall consider, in addition to other requirements of this Ordinance, all technical evaluations, all relevant factors, all standards specified in this Section, and the following:
A. The danger to life and property due to increased flood heights or velocities caused by encroachment;
B. The danger that materials may be swept on to other lands or downstream to the injury of others;
C. The proposed water supply and sanitary systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
E. The importance of the service provided by the proposed facility to the community;
F. The requirements of the facility for a waterfront location;
G. The availability of alternate locations not subject to flooding for the proposed use;
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
I. The relationship of the proposed use to the Comprehensive Community Plan and any flood plain management program for the area;
J. The safety of access to the property, in times of flood, of ordinary and emergency vehicles;
K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site;
L. The need for improvement of local drainage to control increased runoff that might increase the danger of flooding to other properties. (back to top)