Barrington City Zoning Code
ARTICLE XXIII
Development in Areas of Special Flood Hazard
§ 185-144 Purpose.
The purpose of this article 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 Barrington elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).[1]
[1]
Editor's Note: See 42 U.S.C. § 4001 et seq.
§ 185-145 Applicability.
A.
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 Barrington designated as Zone AE or VE on the Bristol 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.
B.
The map panels of the Bristol County FIRM that are wholly or partially within the Town of Barrington are Panel Numbers 44001C0001H, 44001C0002H, 44001C0003H, 44001C0005H, 44001C0006H, 44001C0007H, and 44001C0010H, dated July 7, 2014.
C.
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 Bristol County Flood Insurance Study (FIS) report dated July 7, 2014. The Office of Building and Zoning is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk and Building and Zoning Office.
§ 185-146 Permit required.
A.
All proposed construction or other development within a special flood hazard area shall require a permit.
B.
The National Flood Insurance Program special flood hazard area requires permits for all projects that meet the definition of "development," not just "building," projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other nonstructural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management, as applicable. Therefore, if another state agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.
C.
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.
§ 185-147 Permit fee.
[Amended 12-4-2023 by Ord. No. 2023-12]
A permit fee (based on the cost of the construction) may be required to be paid to the Town of Barrington, and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the permitting authority or designee and/or the Board of Appeals needs the assistance of a professional engineer.
§ 185-148 Disclaimer of liability.
The degree of flood protection required by this article is considered reasonable but does not imply total flood protection.
§ 185-148.1 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.
§ 185-148.2 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.
§ 185-148.3 Enforcement.
The Building Official shall enforce all provisions as applicable in reference to R.I.G.L. § 23-27.3-108.1.
§ 185-148.4 Violations and penalties.
Every person who shall violate any provision of this code shall be subject to penalties put forth in R.I.G.L. § 23-27.3-122.3.
§ 185-148.5 Notification of watercourse alteration.
§ 185-148.6 Use regulations.
A.
The special flood hazard areas are established as a floodplain overlay district.
(1)
All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:
(a)
Rhode Island State Building Code (as established under R.I.G.L. § 23-27.3).
(b)
Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (R.I.G.L. § 46-23).
(c)
Endangered Species Act, Rhode Island Department of Environmental Management (R.I.G.L. § 20-1-2).
(d)
Freshwater Wetlands Act, Rhode Island Department of Environmental Management (R.I.G.L. § 2-1-18).
(e)
Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (R.I.G.L. §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)
(f)
Water Quality Regulations, Rhode Island Department of Environmental Management (R.I.G.L. §§ 42-17.1 and 42-17.6 and 46-12)
(2)
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.
B.
Other use regulations
(1)
In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County FIRM, 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.
(3)
Detached accessory structures in Zone AE (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
(a)
The structure has a value less than $1,000.
(b)
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.
(c)
The structure is not in the floodway.
(d)
The structure is not used for storage of hazardous materials.
(e)
The structure is used solely for parking of vehicles and/or limited storage.
(f)
The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.
(g)
The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
(h)
Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
(i)
The structure must not increase the flood levels in the floodway.
(4)
Existing contour intervals of sites and elevations of existing structures must be included on plan proposals.
(5)
No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.
(6)
The space below the lowest floor shall be:
(a)
Free of obstructions as described in FEMA Technical Bulletin 5, Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program, or
(b)
Constructed with open wood latticework, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or
(c)
Designed with an enclosed area less than 300 square feet that is constructed with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
C.
Floodway data. In Zone 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.
§ 185-148.7 Variance.
A.
The Zoning Board of Review may hear and grant a variance as prescribed in Article XIII of this chapter, subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said Article XXIII, the Board shall undertake the following in granting a variance from the provisions of this article:
(1)
Describe in its decision the exact extent of the variance granted.
(2)
Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25 per $100 of insurance coverage and, further, that construction or other development below the base flood elevation may increase risk to life and property.
(3)
Forward a copy of its written decision and findings to the applicant, the Building Official or designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the Town to the administration.
B.
No variance may be granted which will result in any increase in flood levels.