(A)   Special flood hazard areas.  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 Middletown designated as Zone A, AE, V, or VE on the Newport 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.  The map panels of the Newport County FIRM that are wholly or partially within the Town of Middletown are panel numbers 44005C0092H, 44005C0094H dated April 5, 2010; and 44005C0083J, 44005C0087J, 44005C0089J, 44005C0091J, 44005C0093J, 44005C0113J, 44005C0181J, 44005C0182J, 44005C0201J dated September 4, 2013.  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 Newport County Flood Insurance Study (FIS) report dated September 4, 2013.  The office of Building/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, Planning Department, Building Official, and Conservation Commission.
   (B)   Administrative provisions.
      (1)   Building permit.
         (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 non-structural 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.  A permit fee (based on the cost of the construction) may be required to be paid to the town and a copy of a receipt for the same shall accompany the application.  An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.
      (2)   Disclaimer of liability.  The degree of flood protection required by this article is considered reasonable but does not imply total flood protection.
      (3)   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.
      (4)   Abrogation and greater restriction.  This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, and the like.  Where this article imposes a greater restriction, the provisions of this article shall control.
      (5)   Enforcement.  The building official shall enforce all provisions as applicable in reference to R.I. Gen. Laws § 23-27.3-108.1.
      (6)   Penalties.  Every person who shall violate any provision of this article shall be subject to penalties put forth in R.I. Gen. Laws § 23-27.3-122.3.
(Ord. 2010-3, passed 4-5-10; Am. Ord. 2013-10, passed 8-19-13)