[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 4-31 to 4-46
of the 1993 Code; amended in its entirety 9-9-2013 by Ord. No. 830. Subsequent amendments
noted where applicable.]
The purpose of this chapter 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 East Greenwich elects
to comply with the requirements of the National Flood Insurance Act
of 1968 (P.L. 90-488, as amended).
A.Â
Special flood hazard areas (b, c, d, e communities with modifications).
For communities adopting specific panel numbers with countywide FIRMs
and FIS: 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 East Greenwich designated as Zone
A, AE, AH, AO, A99, V, or VE on the Kent 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 Kent County FIRM that are wholly or
partially within the Town of East Greenwich are panel numbers: 44003C0116H,
44003C0117H, 44003C0118G, 44003C0119G, 44003C0136G, 44003C0138G, 44003C0231G,
44003C0232G, 44003C0251G dated December 3, 2010, and 44003C0137H,
44003C0139H dated September 18, 2013. 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 Kent County Flood Insurance
Study (FIS) report dated October 2, 2015. The office of the Building
Official 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 Building Official, Town Clerk and the Planning
Department.
[Amended 9-8-2015 by Ord.
No. 844]
B.Â
Administrative provisions.
(1)Â
Building permit. All proposed construction or other development within
a special flood hazard area shall require a permit.
(a)Â
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 his files.
(b)Â
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 of East
Greenwich, 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)Â
Disclaimer of liability. The degree of flood protection required
by this chapter is considered reasonable but does not imply total
flood protection.
(3)Â
Severability. If any section, provision or portion of this chapter
is adjudged unconstitutional or invalid by a court, the remainder
of the chapter shall not be affected.
(4)Â
Abrogation and greater restrictions. 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.
(5)Â
Enforcement. The Building Official shall enforce all provisions as
applicable in reference to R.I.G.L. § 23-27.3-108.1.
(6)Â
Penalties. Every person who shall violate any provision of this code
(the State Building Code) shall be subject to penalties put forth
in R.I.G.L. § 23-27.3-122.3.
A.Â
In a riverine situation, the Building Official shall notify the following
of any alteration or relocation of a watercourse:
Adjacent communities
| |
Bordering states (optional)
| |
NFIP State Coordinator
Rhode Island Emergency Management Agency
645 New London Avenue
Cranston, RI 02920
| |
Risk Analysis Branch
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
|
B.Â
The carrying capacity of the altered or relocated watercourse shall
be maintained.
A.Â
Reference to existing regulations (b, c, d, e communities).
(1)Â
The special flood hazard areas are established as a floodplain overlay
district. 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)Â
Rhode Island State Building Code (as established under R.I.G.L.
§ 23-27.3).
(b)Â
Coastal Resources Management Act, Rhode Island Coastal Resources
Management Council (R.I.G.L. § 46-23).
(c)Â
Endangered Species Act, Rhode Island Department of Environmental
Management (R.I.G.L. § 20-1-2).
(d)Â
Fresh Water Wetlands Act, Rhode Island Department of Environmental
Management (R.I.G.L. § 2-1-18).
(e)Â
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)Â
Water quality regulations, Rhode Island Department of Environmental
Management (R.I.G.L. §§ 42-17.1 and 42-17.6 and 46-12).
(2)Â
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.Â
Other use regulations.
(1)Â
Within Zones AH and AO on the FIRM, adequate drainage paths must
be provided around structures on slopes to guide floodwaters around
and away from proposed structures (c, d, e communities, if AH
or AO appear).
(2)Â
Within Zones AO on the FIRM, new and substantially improved residential
structures shall have the top of the lowest floor at least as high
as the FIRM's depth number above the highest adjacent grade, and nonresidential
structures shall be elevated or floodproofed above the highest adjacent
grade to at least as high as the depth number on the FIRM. On FIRMs
without a depth number for the AO Zone, structures shall be elevated
or floodproofed to at least two feet above the highest adjacent grade (c, d, e communities, if AO appear).
(3)Â
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Kent 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 (d, e communities).
(4)Â
All subdivision proposals must be designed to assure that:
(5)Â
Detached accessory structures in Zones A, AE, A1-30, AO and AH (i.e.,
garages, sheds) do not have to meet the elevation or dry floodproofing
requirement if the following standards are met:
(a)Â
The structure has a value less than $1,000.
(b)Â
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)Â
The structure is not in the floodway.
(d)Â
The structure is not used for storage of hazardous materials.
(e)Â
The structure is used solely for parking of vehicles and/or
limited storage.
(f)Â
The accessory must be wet floodproofed and designed to allow
for the automatic entry and exit of floodwater.
(g)Â
The accessory structure shall be firmly anchored to prevent
flotation, collapse and lateral movement.
(h)Â
Service facilities such as electrical, mechanical and heating
equipment must be elevated or floodproofed to or above the base flood
elevation.
(i)Â
The structure must not increase the flood levels in the floodway.
(6)Â
Existing contour intervals of site and elevations of existing structures
must be included on plan proposal (optional for b, c, d, e communities).
(7)Â
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.
(8)Â
The space below the lowest floor shall be:
(a)Â
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)Â
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)Â
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 nor more than 20 pounds
per square foot.
C.Â
Base flood elevation and floodway data.
(1)Â
Floodway data. In Zones A, A1-30 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)Â
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A Zones.
(3)Â
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 nonresidential structures to or above the base flood level and
for floodproofing nonresidential structures to or above the base flood
level.
Unless specifically defined below, words and phrases used in
this chapter pertain to floodplain management and have the same meanings
as they have in common usage and to give this chapter 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.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent or greater annual
chance of flooding to an average depth of one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See definition for "special flood hazard area."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-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 manufactured 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).
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.
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.
Any combination of structural and nonstructural 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:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An advisory line indicating the limit of the one-and-one-half-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 nonelevation design requirements of 44 CFR 60.3.
A structure, transportable in one 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 or
more manufactured home lots for rent or sale.
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:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
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."
See definition for "area of shallow flooding."
The land in the floodplain within a community subject to
a one-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 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 a 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 Subsection A(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% 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% 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 an 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, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.