(A)

Purpose. The purpose of this section 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 by ensuring that development in floodplains designated by the Federal Emergency Management Agency (FEMA) is in compliance with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The Town of Hopkinton elects to comply with said requirements.

(B)

Applicability. This special flood hazard area overlay district contains special flood hazard areas, including floodways and coastal high hazard areas. Special flood hazard areas are subject to recurrent flooding which presents serious hazards to the health, safety, welfare, and property of the residents of the town. Regulation of the development and alteration of such areas thus is in the public interest.

(C)

Flood hazard overlay district defined. The special flood hazard areas are herein established as a flood hazard overlay district. The flood hazard overlay district includes all special flood hazard areas within the Town of Hopkinton designated as zone A, AE, AH, AO, A99, V or VE on the Washington County Flood Insurance Rate Map (FIRM), as it may be amended and Digital FIRM, as it may be amended, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Washington County FIRM that are wholly or partially within the Town of Hopkinton are panel number 44009C0045J, 44009C0062J, 44009C0064J, 44009C0065J, 44009C0068J, 44009C0135J, 44009C0141J, 44009C0142J, 44009C0143J, 44009C0144J, 44009C0151J, 44009C0152J, 44009C0153J, 44009C0154J, 44009C0161J, 44009C0163J, dated April 3, 2020. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Washington County Flood Insurance Study (FIS) report dated April 3, 2020. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and the official copies are on file with the town clerk.

(D)

Review by building official. The building official shall review all development proposed in the flood hazard overlay district to ensure the development is in compliance with the all State Building Code requirements including the provisions of the 12th edition of the State Building Code (SBC 1 and 2-2019), and all subsequent amendments, concerning flood-resistant siting and construction.

(E)

Disclaimer of liability. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

(1)

Severability. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.

(2)

Abrogation and greater restriction. This section shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this section imposes a greater restriction, the provisions of this section shall control.

(3)

Enforcement. The building official shall enforce all provisions as applicable in reference to G.L. § 23-27.3-108.1.

(4)

Penalties. Every person who shall violate any provision of this Code shall be subject to penalties put forth in G.L. § 23-27.3-122.2.

(Ch. 134, § 33, 12-19-94; Ch. 216, 10-18-10; Ch. 271, 4-2-20)