[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 11-17-2010 by Ord. No.
91; amended in its entirety 5-10-2023. 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 West Greenwich elects
to comply with the requirements of the National Flood Insurance Act
of 1968 (P.L. 90-488, as amended), through its authority to adopt
ordinances for the protection of public safety and general welfare
of the community and together with its responsibility to enforce the
State Building Code (R.I.G.L. Chapter 23-27.3) and Appendix G, Flood-Resistant
Construction, conforming to NFIP Title 44 of the Code of Federal Regulations.
The requirements of this chapter shall apply to any construction
or other development which lies wholly or partly within a special
flood hazard area (SFHA).
This chapter shall apply to all special flood hazard areas within
the Town of West Greenwich designated as "Zone A" 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 West Greenwich are Panel
Numbers 44003C0070J and 44003C0090J, effective July 19, 2023; Panels
44003C0185H, 44003C0205H and 44003C0230H, effective April 3, 2020;
Panels 44003C0111H, 44003C0112H and 44003C0116H, effective October
2, 2015; and Panels 44003C0095G, 44003C0113G, 44003C0114G, 44003C0118G,
44003C0210G and 44003C0231G dated December 3, 2010. 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 Kent County Flood Insurance
Study (FIS) report effective July 19, 2023. The FIRM and FIS report,
and any revisions thereto, are incorporated herein by reference, and
are so adopted. The FIRM panels and the FIS are on file with the Town
Clerk, Town Planner, Building Official, and Tax Assessor.
For purposes of this section, "other development" shall be defined
as any action exclusive of that which requires the issuance of a building
permit under the Rhode Island State Building Code. Such other development
shall include, but not necessarily be limited to, the following:
The degree of flood protection required by this chapter is considered
reasonable but does not imply total flood protection. Larger floods
may occur on rare occasions or flood heights may be increased by man-made
or natural causes. This chapter does not imply that areas outside
SFHAs or land uses permitted within the SHFAs will be free from flooding
or flood damage. This chapter does not create liability on the part
of the Town or any officer or employee thereof for any flood damages
that may result from reliance on this chapter or any administrative
decision lawfully made hereunder.
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.
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. As used in this chapter, the following terms shall have
the meanings indicated:
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 "special flood hazard area."
The flood having a 1% chance of being equaled or exceeded
in any given year, also referred to as the "100-year flood," as published
by the Federal Emergency Management Agency (FEMA) as part of a Flood
Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).
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 the building having its floor subgrade (below
ground level) on all sides.
See "structure."
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 structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (100-year floodplain) and the insurance risk-premium zones applicable
to a community. FIRMs published after January 1990 may also show the
limits of the regulatory floodway.
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
one foot. 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, shipbuilding 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:
The lowest floor of the lowest enclosed area (including basement).
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 also includes park trailers, travel trailers, recreational vehicles
and other similar vehicles or transportable structures placed on a
site for 180 consecutive days or longer and intended to be improved
property.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
The price of a structure upon which a willing buyer and seller
agree. 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 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
temporary living quarters for recreational, camping, travel, or seasonal
use.
See "floodway."
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. SFHAs are determined
utilizing the base flood elevations (BFE) provided on the flood profiles
in the Flood Insurance Study (FIS) for a community. BFEs provided
on a Flood Insurance Rate Map (FIRM) are only approximate (rounded
up or down) and should be verified with the BFEs published in the
FIS for a specific location. SFHAs include, but are not necessarily
limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the
coastal high-hazard areas shown as Zones V, V1-30, and VE on a FIRM.
The SFHA is also called the "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
that 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.
A walled and roofed building which is principally above ground,
including a manufactured home, a gas or liquid storage tank, or other
man-made facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvements to a structure, taking
place within any twelve-month period, in which the cumulative cost
equals or exceeds 50% of the market value of the structure (R.I.G.L.
§ 23-27.3-106.1). This term includes structures that have
incurred substantial damage, regardless of the actual repair work
performed. For purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure 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 an 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. A structure
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.
A.
All proposed construction, improvements, or other development, including
but not limited to the placement of mobile homes and manufactured
homes, within a special flood hazard area shall require a permit.
B.
If the construction or other development within a special flood hazard
area is not covered by a building permit or a Planning Board approval
process, a flood hazard development permit shall be required. The
application for a flood hazard development permit shall be submitted
to the Building Official, or designee, and shall include:
(1)
The name and address of the applicant;
(2)
An address or a map indicating the location of the construction site;
(3)
A site plan showing the location of existing and proposed structures,
sewage disposal facilities, water supply facilities, areas to be cut
and filled, and the dimensions of the lot; and meeting all of the
requirements for development plan review as applicable.
(4)
A statement of the intended use of the structure or land;
(5)
A statement as to the type of sewage system proposed;
(6)
Specification of dimensions of the proposed structures;
(7)
The specific datum used for all elevations;
(8)
The existing contours of the site and elevations of existing structures;
(9)
The elevation (in relation to mean sea level) of the lowest floor,
including basement, and if the lowest floor is below grade on one
or more sides, the elevation of the floor immediately above;
(10)
Base flood elevation data for all new, relocated or substantially
improved structures;
(11)
The elevation (in relation to mean sea level) to which the structure
will be floodproofed;
(12)
The description of the extent to which any watercourse will
be altered or relocated as a result of the proposed development;
(13)
The Building Official or designee may require a study to demonstrate
that the proposed development will not cause a one-foot rise or any
change to the capacity of the floodplain.
C.
Conformance with existing state, federal, and other local regulations.
(1)
All development, located wholly or partly within the district, including
structural and nonstructural 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 R.I.G.L.
Chapter 23-27.3).
(b)
Coastal Resources Management Program, Coastal Resource Management
Council (R.I.G.L. Chapter 46-23).
(c)
Freshwater Wetlands Act, Department of Environmental Management
(R.I.G.L. § 46-23-6).
(d)
Minimum Standards Related to On-site Wastewater Treatment Systems,
Department of Environmental Management (R.I.G.L. Chapter 46-12).
(e)
Rules and regulations pertaining to drinking water wells, Department
of Environmental Management (R.I.G.L. Chapter 46-13.2).
(f)
Rules and regulations pertaining to public drinking water, Department
of Health (R.I.G.L. § 46-13-18).
(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 those state regulations.
D.
Prior to the issuance of a building or flood hazard 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.
E.
A permit fee (based on the cost of the construction) may be required
to be paid to the Town of West 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.
F.
Review of applications for projects within the special flood hazard
area. The Building Official or designee shall:
(1)
Review all applications for permits within the special flood hazard
areas to determine that all pertinent requirements have been or will
be met;
(2)
Utilize the base flood data contained in the Kent County Flood Insurance
Study (FIS) report dated July 19, 2023;
(4)
In A Zones, in absence of FEMA BFE and floodway data, obtain, review,
and reasonably utilize other BFE and floodway data as a basis for
elevating residential structures to or above the FPE, and for floodproofing
or elevating nonresidential structures to or above the FPE;
(5)
In Zone A, 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;
(6)
In review of flood hazard development permit applications, determine
that all necessary permits have been obtained from those federal,
state and local government agencies from which prior approval is required;
(7)
Notify adjacent municipalities, the RIDEM and the Rhode Island Emergency
Management Agency prior to any alteration or relocation of a watercourse
and submit copies of such notifications to FEMA; and
(8)
Maintain, as a permanent record, copies of all permits issued for
development in the special flood hazard areas and data relevant thereto,
including reports of the Zoning Board of Review on variances.
The following structures and/or activities are exempt from the
permit requirements of this chapter: mail boxes, planting a garden,
farming, flag poles, or other minor projects that will not affect
flood flows, such as reroofing or replacement of siding on an existing
structure.
Any party aggrieved by a decision of the Building Official or
designee pertaining to enforcement of these provisions shall have
the right to appeal that decision to the State of Rhode Island Building
Code Standards Board of Review.
A.
Development shall be prohibited within regulatory floodways.
B.
No new lots shall be created which would constrict development to
occur partly or wholly within a special flood hazard area.
C.
No outdoor storage of materials or equipment which is likely to cause
damage to property, create a potential obstruction to floodwaters,
create a potential fire hazard or pollute the waters during flood
periods shall be permitted in any SFHA. Such materials or equipment
shall include but not necessarily be limited to: lumber and other
buoyant materials, water-soluble materials, volatile or flammable
materials, acids or poisons.
A.
Land Development and Subdivision Regulations.[1]
(1)
Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is
less, within unnumbered A Zones.
(3)
The Planning Board shall determine whether subdivision proposals
and other proposed new development, including manufactured home parks,
will be reasonably safe from flooding.
B.
Building Code.
(1)
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.
(2)
Detached accessory structures in Zone A (i.e., garages, sheds) do
not have to meet the elevation or dry floodproofing requirement if
the following standards are met:
(a)
The structure is no more than 100 square feet in size and has
a value of 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 usable for human habitation and
would require the structure to be elevated.
(c)
The structure is used solely for parking of vehicles and/or
limited storage.
(d)
The structure is not used for storage of hazardous materials.
(e)
The accessory structure must be wet floodproofed and designed
to allow for the automatic entry and exit of floodwater.
(f)
The accessory structure shall be firmly anchored to prevent
flotation, collapse and lateral movement.
(g)
Service facilities, such as electrical, mechanical and heating
equipment, must be elevated or floodproofed to or above the base flood
elevation.
(h)
The structure must not increase the flood levels in the floodway.
