[HISTORY: Adopted by the Town Council of
the Town of Charlestown as indicated in article histories. Amendments
noted where applicable.]
The purpose of this ordinance 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 Charlestown 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.
A.
Special Flood Hazard. 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 Charlestown designated as Zone
A, AE, or VE on the Washington 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 Washington County FIRM that are wholly or partially
within the Town of Charlestown are panel numbers 44009C0158J, 44009C0159J,
44009C0161J, 44009C0162J, 44009C0163J, 44009C0164J, 44009C0166J, 44009C0167J,
44009C0168K, 44009C0169K, 44009C0178J, 44009C0186J, 44009C0276K, 44009C0277K,
44009C0281K dated April 3, 2020; and 44009C0188J, 44009C0278J, 44009C0279J,
44009C0282J, 44009C0283J and 44009C0301J dated October 16, 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
Washington County Flood Insurance Study (FIS) report dated April 3,
2020. The Floodplain Manager 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 Floodplain Manager.
[Amended2-10-2020 by Ord.
No. 386]
B.
Administrative provisions.
(1)
Building Permit. All proposed construction or other development within
a Special Flood Hazard Area shall require a permit.
(a)
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 Floodplain Manager
must have the opportunity for input and keep a copy of the respective
permit in their files.
(b)
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.
(c)
A permit fee (based on the cost of the construction) may be
required to be paid to the Town of Charlestown 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 the ordinance is considered reasonable but does not imply total
flood protection.
(3)
Severability. If any section, provision, or portion of this ordinance
is adjudged unconstitutional or invalid by a court, the remainder
of the ordinance shall not be affected.
(4)
Abrogation and Greater Restriction. This ordinance shall not in any
way impair/remove the necessity of compliance with any other applicable
laws, ordinances, regulations, etc. Where this ordinance imposes a
greater restriction, the provisions of this ordinance shall control.
(5)
Enforcement. The building official shall enforce all provisions as
applicable in reference to RIGL § 23-27.3-108.1.
(6)
Penalties. Every person who shall violate any provision of this code
shall be subject to penalties put forth in RIGL § 23-27.3-122.3.
A.
In a riverine situation, the Floodplain Manager shall notify the
following of any alteration or relocation of a watercourse:
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(1)
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Adjacent Communities
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(2)
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Bordering States (optional)
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(3)
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NFIP State Coordinator
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Rhode Island Emergency Management Agency
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645 New London Avenue
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Cranston, RI 02920
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(4)
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Risk Analysis Branch
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
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Boston, MA 02110
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B.
The carrying capacity of the altered or relocated watercourse shall
be maintained.
A.
Reference to existing regulations.
(1)
The Special Flood Hazard Areas are established as a floodplain overlay
district. All development in the district, including structural and
non-structural 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 Rhode
Island General Law § 23-27.3);
(b)
Coastal Resources Management Act, Rhode Island Coastal Resources
Management Council (RIGL § 46-23)
(c)
Endangered Species Act, Rhode Island Department of Environmental
Management (RIGL § 20-1-2)
(d)
Freshwater Wetlands Act, Rhode Island Department of Environmental
Management (RIGL § 2-1-18)
(e)
Minimum Standards Related to Individual Sewage Disposal Systems,
Rhode Island Department of Environmental Management (RIGL §§ 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 (RIGL §§ 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. In Zone AE, along watercourses that have a
regulatory floodway designated on the Washington 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.
(2)
Detached accessory structures in Zones A and AE (i.e., garages, sheds)
do not have to meet the elevation or dry flood-proofing 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 flood water.
(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.
(3)
Existing contour intervals of site and elevations of existing structures
must be included on plan proposal.
(4)
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.
(5)
The space below the lowest floor:
(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 lattice-work, 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 non-supporting breakaway walls that have a design
safe loading resistance of not less than 10 or more than 20 pounds
per square foot.
C.
Base flood elevation and floodway data.
(1)
Floodway Data. In Zones A and 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.
(2)
Base Flood Elevation Data. Base flood elevation data is required
for subdivision proposals or other developments greater than fifty
(50) lots or 5 acres, whichever is the lesser, within unnumbered A
zones.
(3)
Base Flood Elevations in A Zones. In the absence of FEMA BFE data
and floodway data, the best available Federal, State, local, or other
BFE or floodway data shall be used as the basis for elevating residential
and non-residential structures to or above the base flood level and
for floodproofing non-residential structures to or above the base
flood level.
Unless specifically defined below, words and phrases used in
this ordinance pertain to floodplain management, have the same meaning
as they have in common usage and to give this ordinance its most reasonable
application.
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
see definition for "Special Flood Hazard Area".
The flood having a one (1) percent chance of being equaled
or exceeded in any given year.
The elevation of the crest of the base flood or 100-year
flood. The height, as established in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum where specified), in
relation to mean sea level expected to be reached by the waters of
the base flood at pertinent points in the floodplains of coastal and
riverine areas.
Any area of a building having its floor subgrade (below ground
level) on all sides.
see definition for "Structure".
Area within a special flood hazard area, landward of a V
Zone or landward of an open coast without mapped V Zones. The principal
source of flooding must be astronomical tides, storm surges, seiches,
or tsunamis, not riverine flooding. During the base flood conditions,
the potential for breaking wave heights shall be greater than or equal
to 1.5 feet.
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include: cost of plans and specifications, survey
costs, permit fees, costs to correct code violations subsequent to
a violation notice, outside improvements such as septic systems, water
supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured home are to be affixed (including, as a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted
by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
The official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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
a designated height. For the purposes of these regulations, the term
"Regulatory Floodway" is synonymous in meaning with the term "Floodway".
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is: (a) Listed individually in the National
Register of Historic Places (a listing maintained by the Department
of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the
National Register; (b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; (c)
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the
Secretary of the Interior; or (d) Individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either: (1) By an approved state program
as determined by the Secretary of the Interior or (2) Directly by
the Secretary of the Interior in states without approved programs.
An advisory line indicating the limit of the 1.5-foot wave
height during the base flood.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; Provided, that
such enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of § 60.3.[1]
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
A parcel or contiguous parcels of land divided into two (2)
or more manufactured home lots for rent or sale.
Market value is the price of a structure that a willing buyer
and seller agree upon. This can be determined by an independent appraisal
by a professional appraiser; the property's tax assessment, minus
land value; the replacement cost minus depreciation of the structure;
the structure's Actual Cash Value.
Structures for which the ''start of construction''
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain management purposes,
new construction means structures for which the start of construction
commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements
to such structures.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of floodplain regulations adopted by the
community.
A vehicle which is: (a) built on a single chassis; (b) four
hundred (400) square feet or less when measured at the largest horizontal
projection; (c) designed to be self-propelled or permanently towable
by a light duty truck; and (d) designed primarily not for use as a
permanent dwelling but as a temporary living quarters for recreational,
camping, travel, or seasonal use.
see definition for "Floodway".
The land in the floodplain within a community subject to
a one (1) percent or greater chance of flooding in any given year.
After detailed ratemaking has been completed in preparation for publication
of the flood insurance rate map, Zone A usually is refined into Zones
A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, or V1-30, VE or V. For purposes of these regulations, the term
"special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard".
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within one hundred and eighty (180) days of the permit date. The actual
start means either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
the stage of excavation, or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
For insurance purposes, means:
A building with two or more outside rigid walls and a fully
secured roof, that is affixed to a permanent site;
A manufactured home ("a manufactured home," also known as a
mobile home, is a structure; built on permanent chassis, transported
to its site in one or more sections, and affixed to a permanent foundation);
or
A travel trailer without wheels, built on a chassis and affixed
to a permanent foundation, that is regulated under the community's
floodplain management and building ordinances or laws.
For the latter purpose, "structure" does not mean recreational
vehicle or a park trailer or other similar vehicle, except as described
in paragraph B(3) of this definition, or a gas or liquid storage tank.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to before damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition or other improvements
to a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include:
Any project to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions or
Any alteration of the "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. Construction
or other development without required permits, lowest floor elevation
documentation, flood-proofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
[1]
Editor's Note: See 44 CFR 60.3.
