The text
(a)
Permit required. All proposed construction or other development within a special flood hazard area shall require a permit.
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 either by 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.
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, which shall be established by town council resolution and based on the cost of the construction, shall be required to be paid to the Town of Tiverton and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the building official and/or board of appeals needs the assistance of a professional engineer.
(b)
Disclaimer of liability. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.
(c)
Severability. If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.
(d)
Abrogation and greater restriction. This chapter shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this chapter imposes a greater restriction, the provisions of this chapter shall control.
(e)
Enforcement. The building official shall enforce all provisions as applicable in reference to G.L. § 23-27.3-108.1.
(f)
Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in G.L. § 23-27.3-122.3.
(Ord. of 2-08-10; Ord. of 8-26-2013)